“The law of informed consent has been based on two premises: first, that a patient has the right to receive sufficient information to make an informed choice about the treatment recommended; and second, that the patient may choose to accept or to decline the physician’s recommendation. . . . Unless patients are viewed as having the right to say no, as well as yes, and even yes with conditions, much of the rationale for informed consent evaporates.”—Informed Consent—Legal Theory and Clinical Practice, 1987.a

Yet, Informed Consent for Blood Transfusion (1989) reports that some courts are so distressed when a patient is willing to accept a certain risk because of his religious rights “that they make up some legal exceptions—legal fictions, if you will—to allow a transfusion to occur.” They might try to excuse it by saying that a pregnancy is involved or that there are children to be supported. “Those are legal fictions,” the book says. “Competent adults are entitled to refuse treatment.”

United States: “Underlying the necessity for patient consent is the ethical concept of individual autonomy, that decisions about one’s own fate should be made by the person involved. The legal ground for requiring consent is that a medical act performed without the patient’s consent constitutes battery.”—“Informed Consent for Blood Transfusion,” 1989.