In law, there are three different recognised standards for determining the adequacy of
information disclosure. The first is the ‘professional standard’ (also known as the
Bolam’s test), which is determined by the practice of the majority of the profession.
The second is the ‘reasonable person’ standard (also known as the ‘objective
standard’), which is determined by what a reasonable or prudent person would
require. The third is the ‘subjective standard’, which is determined by what an
individual patient seeks.In United Kingdom case law, the professional standard is applied most frequently. In
North America and Australia, there appears to be a balance between the objective and
subjective standards. In New Zealand, the law is less clear.5 The New Zealand
Medical Council considers that the focus of the standard of disclosure should be onwhat a reasonable patient would expect rather than on what a reasonable doctor
considers appropriate.3 The guideline states “that information must be conveyed to the
patient in such detail and in such a manner, using appropriate language, as to ensure
that an informed decision can be made by that particular patient. The necessary
standard for the requirement (that is the extent, specificity and mode of offering
information) should be what reflects the existing knowledge of the actual patient and
practitioner. More generally, it should also reflect what a prudent patient in similar
circumstances might expect.” The Health and Disability Act (1994) states that “the
information needed must be determined both objectively (the information needed by a
reasonable consumer) and subjectively (the information needed in that consumer’s
circumstance).” The present study has evaluated both the objective and subjective
standards. It has determined whether individual patients consider that informed
consent has been obtained in a manner that meets their standards and it also provides
some information about what the profession is currently doing in regards to informed
consent.