The court observes that most courts have analyzed failure-to-disclose cases by looking at “whether it was the custom of physicians practicing in the community to make the particular disclosure to the patient.”

The court observes that most courts have analyzed failure-to-disclose cases by looking at “whether it was the custom of physicians practicing in the community to make the particular disclosure to the patient.” Why does the court reject this standard? What standard does it adopt instead? What does the court mean when it says that “the scope of the standard is not subjective as to either the physician or the patient; it remains objective with due regard for the patient’s informational needs and with suitable leeway for the physician’s situation”?

Spence v. Canterbury, 409 U.S. 1064, 93 S. Ct. 560, 34 L. Ed. 2d 518 (U.S. Nov. 1, 1972).