§ 2805-d. Limitation of medical, dental or podiatric malpractice
action based on lack of informed consent. 1. Lack of informed consent
means the failure of the person providing the professional treatment or
diagnosis to disclose to the patient such alternatives thereto and the
reasonably foreseeable risks and benefits involved as a reasonable
medical, dental or podiatric practitioner under similar circumstances
would have disclosed, in a manner permitting the patient to make a
knowledgeable evaluation.

2. The right of action to recover for medical, dental or podiatric
malpractice based on a lack of informed consent is limited to those
cases involving either (a) non-emergency treatment, procedure or
surgery, or (b) a diagnostic procedure which involved invasion or
disruption of the integrity of the body.

3. For a cause of action therefor it must also be established that a
reasonably prudent person in the patient's position would not have
undergone the treatment or diagnosis if he had been fully informed and
that the lack of informed consent is a proximate cause of the injury or
condition for which recovery is sought.

4. It shall be a defense to any action for medical, dental or
podiatric malpractice based upon an alleged failure to obtain such an
informed consent that:

(a) the risk not disclosed is too commonly known to warrant
disclosure; or

(b) the patient assured the medical, dental or podiatric practitioner
he would undergo the treatment, procedure or diagnosis regardless of the
risk involved, or the patient assured the medical, dental or podiatric
practitioner that he did not want to be informed of the matters to which
he would be entitled to be informed; or

(c) consent by or on behalf of the patient was not reasonably
possible; or

(d) the medical, dental or podiatric practitioner, after considering
all of the attendant facts and circumstances, used reasonable discretion
as to the manner and extent to which such alternatives or risks were
disclosed to the patient because he reasonably believed that the manner
and extent of such disclosure could reasonably be expected to adversely
and substantially affect the patient's condition.