Informed Consent: Patient Autonomy and Clinician Beneficence within Health Care

By Stephen Wear | Go to book overview

1
The Legal Doctrine of
Informed Consent

Clinicians often respond to ethical issues by first inquiring as to what the relevant law dictates. The instinct is a prudent one. It is not very sensible to discuss ethical options that the law prohibits, or attempt to fashion a response when the law has already provided one and insists upon it.

As already noted, however, the law regarding informed consent varies across jurisdictions and countries, so in a global sense there is no single and settled sense of the law to explicate, not even on the level of basic principles and criteria. What will now be provided, instead, will be a general portrait of the law on informed consent in the United States, where a legal view of informed consent is the most highly evolved. Even this, however, will remain at most a useful fiction, as jurisdictions within the United States provide different formulations of key principles and criteria. In what follows, then, reference to the "legal doctrine" on informed consent should be received as referring to just such a fiction which, however useful for our purposes here, is no substitute for a detailed sense of the law on informed consent in any specific jurisdiction.

One of the uses of the fictitious "legal doctrine of informed consent" presented here will be to gain a first approximation of what a model of informed consent might look like—that is, what are its goals and agendas, its operating principles and criteria, and what types of information it tends to insist on conveying. Presentation of this "legal doctrine" will also allow us to investigate whether the law provides an ethically and clinically adequate model of informed consent—that is, whether the law comprehensively identifies and keys to the proper goals and agendas, whether its methodology and criteria appear adequate to capture these goals, and whether its underlying assumptions are clinically realistic. Finally, this chapter will enable us to identify ways in which the legal doctrine of informed consent simply does not

-9-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Informed Consent: Patient Autonomy and Clinician Beneficence within Health Care
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 200

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.