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

By Ruth R. Faden

ISBN-10: 0195036867

ISBN-13: 9780195036862

ISBN-10: 1423763521

ISBN-13: 9781423763529

Essentially argued and written in nontechnical language, this ebook presents a definitive account of expert consent. It starts off via proposing the analytic framework for reasoning approximately knowledgeable consent present in ethical philosophy and legislations. The authors then evaluate and interpret the background of expert consent in medical medication, study, and the courts. They argue that recognize for autonomy has had a important function within the justification and serve as of trained consent requisites. Then they current a concept of the character of educated consent that's in response to an appreciation of its old roots. an incredible contribution to an issue of present felony and moral debate, this examine is out there to everybody with a major curiosity in biomedical ethics, together with physicians, philosophers, coverage makers, spiritual ethicists, legal professionals, and psychologists. This well timed research makes an important contribution to the controversy concerning the rights of sufferers and topics.

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Extra resources for A History and Theory of Informed Consent

Example text

Fellow professionals represent the peer group, whose standards and testimony at trial are necessary to establish the scope of that duty. The theory of medical negligence, as applied to informed consent, assumes that there is a professional duty of due care to provide to patients an appropriate disclosure of information before obtaining an authorization for treatment. Lack of informed consent is treated as professional negligence in essentially the same respect as is careless performance of a surgical procedure.

Two areas of the law are relevant to this doctrine. They represent different legal traditions through which requirements to obtain informed consent can be defined. The first and most important for the current legal doctrine of informed consent is tort law. A "tort" is a civil injury to one's person or property that is intentionally or negligently inflicted by another and that is measured in terms of, and compensated by, money damages. Civil injuries can be contrasted with criminal injuries, which are punishable by imprisonment or by fines not intended as compensation but paid as penalties to the state.

It has also been argued that rules of informed consent can be motivated less by a concern to promote autonomous choice than by a concern to promote justice. Charles Lidz and his associates maintain that some who have argued for rules governing informed consent in psychiatry, including rules promoting increased disclosure in such areas as consent to electroconvulsive treatment (ECT), have been motivated by a concern over the fairness of subjecting patients to a potentially harmful treatment because of administrative convenience.

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

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