Both the community standard and the reasonable-person standard are used for
judging the information to be given to passive patients, who do not ask
questions. If the patient does ask questions, the physician must answer these
questions truthfully. More important, the answers must be sufficiently complete
to convey the requested information accurately. The physician cannot hide
behind the patient’s inability to phrase a technical question properly. Under
either standard, a patient who asks to be told all the risks of a procedure is
entitled to more information than a patient who sits mute. Failure to disclose a
risk in reply to a direct question may constitute fraud, even if the appropriate
standard for judging informed consent would not require that the risk be
disclosed.