Autonomy, Informed Consent and Medical Law: A Relational ChallengeAlasdair 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. |
Other editions - View all
Autonomy, Informed Consent and Medical Law: A Relational Challenge Alasdair Maclean Limited preview - 2009 |
Autonomy, Informed Consent and Medical Law: A Relational Challenge Alasdair Maclean No preview available - 2013 |
Common terms and phrases
accept agency agent allow approach to consent arguably argued argument auton autonomous person battery Bioethics bodily integrity Bolam test Chapter choice claimant clinical common law competent conception of autonomy consent to medical context corrective justice decision-making defined determine develop difficult disclosure doctor duty of beneficence duty to disclose effective Ethics final first Furthermore harm harm principle Health Healthcare NHS healthcare professional healthcare professional’s Ibid important individual individual’s influence informed consent interaction intervention judgment justice justified Kant’s Lord Scarman Lord Templeman Lord Woolf Manson and O’Neill’s means Medical Ethics Medical Law medical treatment model of consent moral necessary negligence NHS Trust O’Neill obligations one’s parties paternalism patient autonomy patient’s right practice principle profes professional—patient relationship professional’s duty protection rational reasonable recognise reflects refusal regulation of consent relevant requires responsibility for outcome risk self-determination Sidaway significant specific standard sufficient undermine virtue waive