Culbertson v. Mernitz

Just last year, in Matter of Lawrance (1991), Ind., 579 N.E.2d 32, 38, this Court proclaimed:

Indiana's common law doctrine of informed consent recognizes the right of the patient "to intelligently reject or accept treatment." Revord v. Russell (1980), Ind.App., 401 N.E.2d 763, 767. Perhaps the strongest explanation of the basis of this rule is contained in Payne v. Marion General Hospital (1990), Ind.App., 549 N.E.2d 1043, 1046, trans. denied: "The patient's right of self-determination is the sine qua non of the physician's duty to obtain informed consent. As Justice (then Judge) Cardozo…