Autonomy, Informed Consent and Medical Law

Autonomy, Informed Consent and Medical Law
Author: Alasdair Maclean
Publisher: Cambridge University Press
Total Pages: 317
Release: 2009-02-12
Genre: Law
ISBN: 1139477137

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Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.

Informed Consent

Informed Consent
Author: S. Wear
Publisher: Springer Science & Business Media
Total Pages: 190
Release: 2012-12-06
Genre: Philosophy
ISBN: 9401581223

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Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm fashion by most clinicians, many simply rejecting what they commonly refer to as the `myth of informed consent'. The purpose of this book is to defuse this seemingly intractable controversy by offering an efficient and effective operational model of informed consent. This goal is pursued first by reviewing and evaluating, in detail, the agendas, arguments, and supporting materials of its proponents and detractors. A comprehensive review of empirical studies of informed consent is provided, as well as a detailed reflection on the common clinician experience with attempts at informed consent and the exercise of autonomy by patients. In the end, informed consent is recast as a management tool for pursuing clinically and ethically important goods and values that any clinician should see as meriting pursuit. Concurrently, the model incorporates a flexible, anticipatory approach that recognizes that no static, generic ritual can legitimately pursue the quite variable goods and values that may be at stake with different patients in different situations. Finally, efficiency of provision is addressed by not pursuing the unattainable and ancillary. Throughout, the traditional principle of beneficence is appealed to toward articulating an operational model of informed consent as an intervention that is likely to change outcomes at the bedside for the better.

Autonomy, Consent and the Law

Autonomy, Consent and the Law
Author: Sheila A.M. McLean
Publisher: Routledge
Total Pages: 244
Release: 2009-09-10
Genre: Law
ISBN: 1135219052

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The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.

Autonomy, Informed Consent and Medical Law

Autonomy, Informed Consent and Medical Law
Author: Alasdair Maclean
Publisher: Cambridge University Press
Total Pages: 317
Release: 2009-02-12
Genre: Law
ISBN: 0521896932

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Alasdair Maclean examines the ethical basis for consent to medical treatment and offers proposals for reform.

Informed Consent

Informed Consent
Author: Stephen Wear
Publisher: Georgetown University Press
Total Pages: 215
Release: 1998
Genre: Informed consent (Medical law).
ISBN: 0878407065

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Wear develops an efficient and flexible model of informed consent that accommodates both clinical realities and legal and ethical imperatives. In this second edition, he has expanded his examination of the larger process within which informed consent takes place and his discussion of the clinician's need for a wide range of discretion.

Autonomy, Informed Consent and Medical Law

Autonomy, Informed Consent and Medical Law
Author: Alasdair Maclean
Publisher:
Total Pages: 316
Release: 2014-05-14
Genre: Law
ISBN: 9780511508400

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Alasdair Maclean examines the ethical basis for consent to medical treatment and offers proposals for reform.

The Different Faces of Autonomy

The Different Faces of Autonomy
Author: M. Schermer
Publisher: Springer Science & Business Media
Total Pages: 236
Release: 2013-04-17
Genre: Philosophy
ISBN: 9401599726

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Patient autonomy is a much discussed and debated subject in medical ethics, as well as in healthcare practice, medical law, and healthcare policy. This book provides a detailed and nuanced analysis of both the concept of autonomy and the principle of respect for autonomy, in an accessible style. The unique feature of this book is that it combines empirical research into hospital practice with thorough philosophical analyses. As such, it is an example of a new movement in applied ethics, that of 'empirical ethics'. The key themes are informed consent and medical decision making, personal well-being, competence, paternalism and decision making for incompetent patients. Much attention is also devoted to autonomy in non-decision making situations - patient control over small everyday aspects of care, authenticity and existential aspects of illness, autonomy and the 'ethics of care', and the relationship between autonomy and trust in the physician-patient relationship. This book will be of interest to those working or studying in the field of medical ethics and applied ethics but also to healthcare professionals and health policy makers.

Healthcare Decision-Making and the Law

Healthcare Decision-Making and the Law
Author: Mary Donnelly
Publisher: Cambridge University Press
Total Pages: 345
Release: 2010-11-18
Genre: Law
ISBN: 1139491849

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This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

A History and Theory of Informed Consent

A History and Theory of Informed Consent
Author: Ruth R. Faden
Publisher: Oxford University Press
Total Pages: 414
Release: 1986-02-27
Genre: Medical
ISBN: 0199748659

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Clearly argued and written in nontechnical language, this book provides a definitive account of informed consent. It begins by presenting the analytic framework for reasoning about informed consent found in moral philosophy and law. The authors then review and interpret the history of informed consent in clinical medicine, research, and the courts. They argue that respect for autonomy has had a central role in the justification and function of informed consent requirements. Then they present a theory of the nature of informed consent that is based on an appreciation of its historical roots. An important contribution to a topic of current legal and ethical debate, this study is accessible to everyone with a serious interest in biomedical ethics, including physicians, philosophers, policy makers, religious ethicists, lawyers, and psychologists. This timely analysis makes a significant contribution to the debate about the rights of patients and subjects.

Informed Consent and Health

Informed Consent and Health
Author: Thierry Vansweevelt
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2020-04-24
Genre: Law
ISBN: 1788973429

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Informed consent is the legal instrument that purports to protect an individual’s autonomy and defends against medical arbitrariness. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community.