The courts generally utilize a $$subjective$$ or $$objective$$ test to determine whether a patient would have refused treatment if the physician had provided adequate information as to the risks, benefits, and alternatives of the procedure. Under the subjective test theory

$1.$

the court examines whether the defendant would have chosen the procedure based on how the procedures is explained to the patient

$2.$

the defendant must prove that a $$reasonable person$$ would not have undergone the procedure if he or she had been properly informed

$3.$

the court relies solely on the defendant$$s testimony

$4.$

the patient must testify and prove that they would not have consented to the procedure$($s$)$ had they been advised of the particular risk in question