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:

Group of answer choices

the court examines whether the defendant would have chosen the procedure based on how the physician explained the procedure to the patient.

the defendant must prove that a reasonable person would not have undergone the procedure if they had been properly informed.

the court relies solely on the defendant's testimony.

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.