The core of the controversy over informed consent is the choice of a standard
by which informed consent is judged. Physicians argue, correctly, that they
have always talked to patients about proposed treatments. It is not talking to
patients that they object to; it is the court’s intrusion into what is said. Many
states have sought to minimize this intrusion by adopting disclosure standards
based on physician expectations: the community standard. Other states have
adopted standards based on patient expectations: the reasonable-person
standard.