Opinion

Scott v. Bradford

  • 606 P.2d 554
  • 1979 OK 165
  • 1979 Okla. LEXIS 338
Court
Supreme Court of Oklahoma
Filed
Nov 28, 1979
Status
Published
Author
Barnes
On the bench
Doolin, Barnes, Lavender, Hodges, Har-Grave, Opala
Cited by
65 cases
Authority
More cited than 5.0%

observing that the “‘reasonable man’ approach has been criticized by some commentators as backtracking on its own theory of self-determination. [It] certainly severely limits the protection granted an injured patient.”

How later courts described this case

  • observing that the “‘reasonable man’ approach has been criticized by some commentators as backtracking on its own theory of self-determination. [It] certainly severely limits the protection granted an injured patient.”
  • which appears to be the only court that affirmatively considered the issue and chose the subjective test
  • "where full disclosure would be detrimental to a patient's total care and best interests a physician may withhold such disclosure, for example, where disclosure would alarm an emotionally upset or apprehensive patient" [footnote omitted]
  • distinguishing between lack of informed consent as a negligence theory and lack of any consent as an intentional tort theory

Written by the judges who cited it.

The opinion

BARNES, Justice,

concurring in part, dissenting in part:

I concur with the majority opinion in all respects except I would adopt the reasonable man test set out in Canterbury v. Spence, 150 U.S.App.D.C. 263 , 464 F.2d 772 (D.C.Cir.1972), cert. den. 409 U.S. 1064 , 98 S.Ct. 560 , 34 L.Ed.2d 518 .

I am authorized to state that IRWIN, V. C. J., SIMMS, J., and REYNOLDS, Special Justice, join in the views expressed in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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