Informed Consent, Texas Style: Disclosure and Nondisclosure by Regulation

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Abstract
THE medical-malpractice-insurance crisis of the mid-1970's produced some effective reforms in the litigation of claims as well as in the availability of adequate insurance coverage for beleaguered physicians and hospitals.1 It also resulted in some oddities in medicolegal relations. One of the strangest has been the attempt of the Texas Legislature to bring certainty and predictability to one of the foggiest and deepest quagmires of all malpractice law, the requirements of informed consent.The complaint of physicians has been that the scope of adequate or, even worse, of fully informed consent can never be satisfactorily defined or predicted. The judges . . .

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