18 Health Matrix 501 (2008)
A Patient's Right to Know: A Case for Mandating Disclosure of Physician Success Rate as an Element of Informed Consent

handle is hein.journals/hmax18 and id is 505 raw text is: NOTE
A PATIENT'S RIGHT TO KNOW: A
CASE FOR MANDATING DISCLOSURE
OF PHYSICIAN SUCCESS RATE AS AN
ELEMENT OF INFORMED CONSENT
Steven G. Radot
INTRODUCTION
Imagine you are the manager of the world-famous New York
Yankees. It is the seventh game of the World Series. Your team is
leading 4-3, bottom of the ninth, bases loaded, with two outs. One out
and the team will be world champions. Who steps up to the plate?
None other than Barry Bonds; arguably, the most prolific home run
hitter and best player of all time.' In light of the circumstances, you
call down to the bullpen to get a new pitcher. Mariano Rivera an-
swers, and you ask, Mariano, how successful have you been at get-
ting Barry out over the years? Mariano responds, Coach, I don't
know; all I can tell you is that the bullpen overall has about a 60%
chance of getting him out. You say hand the phone over to Jeff
Nelson. Jeff picks up, and you ask him the same question you asked
Mariano. Jeff's response, same thing. You hang up the phone and
shake your head. The biggest decision of your life and you can not
get the answer you need. Who has had the greatest success getting
Barry out in the past? That is the person you want pitching right now.
t J.D. 2008, Case Western Reserve University School of Law. I would like
to thank Professor Berg for her assistance and supervision with this Note. In addition,
I would like to thank my Mom for believing I could do anything, Boo for her unwa-
vering support, Di for helping me push the button and the rest of my family (Dad,
Barb, Geo, Sean, Pete, Andrew, Becca, Greg, Mark, Chris). Without your support,
this never would have been written. I would also like to thank my children (Matt,
Amanda, and Michael), who supported me every step of the way. Last, to my friends,
even those who questioned my decision, thank you for supporting me.
This note does not address the validity of Mr. Bonds's accomplishments in
light of his alleged steroid abuse.

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