Who has the legal duty to disclose facts regarding a treatment in terms the client can understand?

• A. The patient
• B. The nurse
• C. The physician performing the procedure
• D. The person performing the procedure

Answer: (D)

Disclosing information about a treatment in terms the client can understand is a function of informed consent. The person who will perform the procedure has the legal duty to explain what will be done, the expected benefits and risks, any reasonable alternatives, and what happens if the treatment isn’t done, using language the client can understand. This enables the patient to make an autonomous and informed decision about care.

The nurse’s role is to facilitate understanding, answer questions, and ensure the patient’s comprehension, and to document that consent was obtained. However, the primary legal obligation to disclose information rests with the person performing the procedure. The patient is the recipient of information, not the source of the disclosure.