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How We Got Where We Are: A Look At Informed Consent In Colorado--Past, Present, And Future, R. Jason Richards

Northern Illinois University Law Review

This article examines the historical development of the doctrine of informed consent in this country, paying specific attention to its evolution in Colorado. In doing so, the author examines the two theories of patient disclosure that have emerged over time-the "professional standard" and the "reasonable patient standard." The article analyzes the legal and practical justifications of each approach in light of the contemporary doctor/patient relationship and concludes that the best way to protect patient autonomy rests with in- formed decision-making, which can only be accomplished by adopting the reasonable patient standard of disclosure in Colorado.