When is a doctor not required to disclose common risks associated with surgery?

In the context of informed consent in medical settings, a doctor is not required to disclose risks that are considered common knowledge among patients. This is rooted in the principle that a physician's duty to inform patients of risks is focused on those that are not already well understood by the general population or the specific patient involved.

Common risks, such as pain or scarring from a surgical procedure, are typically considered part of the general understanding that comes with undergoing surgery. Because these risks are part of the usual course of action that patients might expect, the physician may not be required to highlight them explicitly during the consent process. Instead, the focus is often on risks that are more serious, less common, or specific to the individual patient's circumstances.

In contrast, scenarios like a patient being unconscious or a minor having additional legal considerations clearly necessitate different standards of disclosure, as informed consent cannot adequately be obtained under those circumstances. Similarly, if a patient refuses information, they may not be fully informed of potential risks, and there might be ethical or legal implications associated with proceeding without that knowledge. However, when risks are commonly known, the physician's obligation to meticulously disclose those risks might be diminished.