In Medical Paternalism, Stillbirth, & Blindsided Mothers, Lens argues that physicians who fail to disclose the risk of stillbirth to pregnant patients should be liable under the doctrine of informed consent. In this Response, I suggest that courts might be hesitant to expand informed consent in the way Lens proposes. Instead, I offer an alternative avenue for imposing liability, via traditional theories of medical malpractice.
Nadia N. Sawicki, A Malpractice-Based Duty to Disclose the Risk of Stillbirth: A Response to Lens, 106 IOWA L. REV. ONLINE 69 (2021).