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Autonomy, Informed Consent and Medical Law

Autonomy, Informed Consent and Medical Law

Author: Alasdair Maclean

Publisher: Cambridge University Press

ISBN: 9780521896931

Category: Law

Page: 317

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

A History and Theory of Informed Consent

A History and Theory of Informed Consent

Author: Ruth R. Faden

Publisher: Oxford University Press on Demand

ISBN: 9780195036862

Category: Medical

Page: 409

View: 171

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A timely, authoritative discussion of an important clincial topic, this useful book outlines the history, function, nature and requirements of informed consent, focusing on patient autonomy as central to the concept. Primarily a philosophical analysis, the book also covers legal aspects, with chapters on disclosure, comprehension, and competence.

Autonomy, Informed Consent and Medical Law

Autonomy, Informed Consent and Medical Law

Author: Alasdair Maclean

Publisher: Cambridge University Press

ISBN: 1139477137

Category: Law

Page:

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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.

The Different Faces of Autonomy

The Different Faces of Autonomy

Author: Maartje Schermer

Publisher: Springer

ISBN: 9048161614

Category: Philosophy

Page: 212

View: 942

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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

ISBN: 9781139491846

Category: Law

Page:

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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.

Informed Consent

Informed Consent

Author: Stephen Wear

Publisher: Springer Science & Business Media

ISBN: 0792320298

Category: Philosophy

Page: 190

View: 920

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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.

The Practice of Autonomy

The Practice of Autonomy

Author: Carl Schneider

Publisher: Oxford University Press on Demand

ISBN: 0195113977

Category: Medical

Page: 346

View: 927

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"Exploring what patients do want gives direction to the author's inquiry into what they should want. What patients want, he believes, is properly more complex and ambiguous than being "empowered." In this book he charts that ambiguity to take the autonomy principle past current pieties into the uncertain realities of the sick room and the hospital ward." "The Practice of Autonomy is a sympathetic but trenchant study of the animating principle of modern bioethics. It speaks with freshness, insight, and even passion to bioethicists and moral philosophers (about their theories), to lawyers (about their methods), to medical sociologists (about their subject), to policy-makers (about their ambitions), to doctors (about their work), and to patients (about their lives)."--BOOK JACKET.

Medical Law and Medical Ethics

Medical Law and Medical Ethics

Author: Nils Hoppe

Publisher: Cambridge University Press

ISBN: 9781107015227

Category: Law

Page: 327

View: 417

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Conveys all the core topics emphasising the interplay between medical law and medical ethics in a unique chapter structure.

Informed Consent

Informed Consent

Author: Stephen Wear

Publisher: Georgetown University Press

ISBN: 9780878407064

Category: Medical

Page: 215

View: 734

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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, Consent and the Law

Autonomy, Consent and the Law

Author: Sheila A.M. McLean

Publisher: Routledge

ISBN: 9781135219055

Category: Law

Page: 244

View: 934

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Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.

Beyond Autonomy

Beyond Autonomy

Author: David G. Kirchhoffer

Publisher: Cambridge University Press

ISBN: 9781108491907

Category: Law

Page: 227

View: 463

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Analyses the limitations of respect for autonomy and consent in human research ethics and explores alternative ethical approaches.

Theories of the Self and Autonomy in Medical Ethics

Theories of the Self and Autonomy in Medical Ethics

Author: Michael Kühler

Publisher: Springer Nature

ISBN: 9783030567033

Category: Philosophy

Page: 217

View: 401

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This book engages in a critical discussion on how to respect and promote patients’ autonomy in difficult cases such as palliative care and end-of-life decisions. These cases pose specific epistemic, normative, and practical problems, and the book elucidates the connection between the practical implications of the theoretical debate on respecting autonomy, on the one hand, and specific questions and challenges that arise in medical practice, on the other hand. Given that the idea of personal autonomy includes the notion of authenticity as one of its core components, the book explicitly includes discussions on underlying theories of the self. In doing so, it brings together original contributions and novel insights for “applied” scenarios based on interdisciplinary collaboration between German and Serbian scholars from philosophy, sociology, and law. It is of benefit to anyone cherishing autonomy in medical ethics and medical practice.