In his recent article, John writes: In the proper context, the defense should be able to demonstrate that although the outcome was undesirable, the decision to accept the risk prior to the procedure was a rational one and a reasonably prudent person would not have refused consent.
See full article here: https://www.law.com/newyorklawjournal/2019/01/14/the-defense-of-the-informed-consent-claim/