The burden of establishing proof on a complaint of lack of informed consent is on the plaintiff. The plaintiff must establish that:
1. a reasonably prudent person in the patient’s position would not have undergone the treatment if fully informed, and
2. the lack of informed consent is the proximate cause of the injury or condition for which recovery is sought.
In a lawsuit, testimony would be necessary to establish the extent of the patient’s actual knowledge and understanding of the treatment rendered. It is possible for a patient, after treatment, to claim a lack of advance knowledge about the nature of a physician’s treatment, and it is possible that a jury will believe the patient and impose liability on the physician and/or the organization.