04/01/26

Is It a failure of informed consent when a physician does not share a test result with a patient because the physician does not believe the test?

Schwartz, Aaron. UIC Law Rev.

Summary

Physicians must disclose the risks and benefits of recommended tests, but must they also disclose results they believe are erroneous or clinically irrelevant? This law review examines informed-consent ethics, diagnostic testing error, and how patient portals create a default expectation of sharing all results. It argues that even disputed results may warrant disclosure, with clinicians accountable for explaining their doubts and the implications of mandating such disclosure.

Schwartz A. Is It a failure of informed consent when a physician does not share a test result with a patient because the physician does not believe the test? UIC Law Rev. 2026;59(3):671-687.