P/L/40. The principle of informed consent in medical law
(2005, 1500 words)
The paper deals with the legal and ethical issues of medical law, namely, giving (or not giving) consent to medical treatment, which gives the patient autonomy over his or her body. The paper notes that in extreme circumstances patients may be treated without their consent; these circumstances need precise definition. For example, this refers to patients who lack competence or capacity to make decisions. A separate issue addressed in the paper is the so-called átherapeutic privilege that allows doctors to withhold information that might have a pernicious psychological impact on the patient, although this runs counter to the right of the patient to self-determination. The conclusion is made that the principle of informed consent is vital for the balance of power in doctor/patient relationship.
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