Download A History and Theory of Informed Consent by Ruth R. Faden PDF

By Ruth R. Faden

Sincerely argued and written in nontechnical language, this ebook presents a definitive account of knowledgeable consent. It starts off by way of proposing the analytic framework for reasoning approximately proficient consent present in ethical philosophy and legislations. The authors then evaluate and interpret the heritage of trained consent in medical medication, examine, and the courts. They argue that admire for autonomy has had a relevant position within the justification and serve as of trained consent specifications. Then they current a concept of the character of proficient consent that's in keeping with an appreciation of its old roots. a major contribution to a subject matter of present criminal and moral debate, this learn is out there to every body with a major curiosity in biomedical ethics, together with physicians, philosophers, coverage makers, spiritual ethicists, attorneys, and psychologists. This well timed research makes an important contribution to the talk in regards to the rights of sufferers and topics.

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Example text

Evil intent, injury, or both are usually alleged, however, because if neither is present, the plaintiffs recovery, if any, will be of a small sum. In practical reality these damages are rarely worth the trouble of bringing a suit. Under negligence theory, on the other hand, unintentional, "careless" action (or omission) is the source of liability. The carelessness occurs in regard to some activity in which the defendant has a socially or legally imposed duty to take care or to behave reasonably toward others, and injury is caused by failure to discharge the duty.

Kline, the court held: "The duty of the physician to disclose ... "14 This is the rule applied in all ordinary malpractice cases to determine the duty of due care in the performance of medical procedures. 15 All the courts adopting the professional practice rule require expert testimony from members of relevant professional groups to determine whether a physician has violated a duty to disclose the risk in question. "16 Despite its popularity, the professional practice standard has been criticized severely as a disclosure rule for informed consent law.

However, some legal commentators have argued that the battery action, in recognizing the dignitary importance of individual bodily integrity and self-determination, is closer to the spirit of the informed consent doctrine than is negligence, which has the effect of lessening the expectations imposed by law on the medical profession. 13 Many controversies surround the amount of information that must be disclosed about the procedure's risks and negative consequences. Other disagreements exist regarding what must be disclosed about the nature and purpose of the procedure, its benefits, and alternative procedures.

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