Sheila A.M. McLean's Autonomy, Consent and the Law (Biomedical Law & Ethics PDF

By Sheila A.M. McLean

ISBN-10: 0415473403

ISBN-13: 9780415473408

Autonomy is frequently stated to be the dominant moral precept in sleek bioethics, and it's also vital in legislation. appreciate for autonomy is related to underpin the legislation of consent, that is theoretically designed to guard the ideal of sufferers to make judgements in accordance with their very own values and for his or her personal purposes. The concept that consent underpins beneficent and lawful clinical intervention is deeply rooted within the jurisprudence of nations during the international. besides the fact that, Autonomy, Consent and the legislations demanding situations the connection among consent principles and autonomy, arguing that the very nature of the felony strategy inhibits its skill to admire autonomy, in particular in situations the place sufferers argue that their skill to behave autonomously has been decreased or denied as a result of withholding of knowledge which they'd have desired to obtain. Sheila McLean extra argues that the bioethical debate in regards to the actual nature of autonomy – whereas wealthy and challenging – has had little if any effect at the legislations. utilizing the alleged contrast among the individualistic and the relational types of autonomy as a template, the writer proposes that, whereas it would be assumed that the model ostensibly most well-liked by way of legislations – approximately similar to the individualistic version – will be transparently and continually utilized, in reality courts have vacillated among the 2 to accomplish policy-based ambitions. this is often highlighted through exam of 4 particular components of the legislation which so much effortlessly lend themselves to attention of the appliance of the autonomy precept: particularly refusal of life-sustaining remedy and assisted loss of life, maternal/foetal matters, genetics and transplantation. This e-book should be of significant curiosity to students of scientific legislation and bioethics.

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Extra info for Autonomy, Consent and the Law (Biomedical Law & Ethics Library)

Example text

Nothing in the doctor’s expert knowledge necessarily enables him or her either to know about, or be able to evaluate, the factors that will influence patients’ decisions; arguably not even in the situation where the doctor has been treating the patient and perhaps his or her family for some time, since the knowledge obtained in the clinical context is by definition incomplete. While doctors are committed to being guided by the best interests of their patients, the competent patient is, and needs to be, the ultimate arbiter of what these interests actually are, and this will often be informed by a variety of non-medical matters.

The ‘informed’, or more accurately informational, aspect of consent is the element that focuses on the patient’s right to receive relevant and sufficient information in order to enable him or her to make a decision. It is generally assumed, then, that – in the absence of a competent refusal to receive any information that might be offered – a valid consent (or refusal) depends on the sharing of information with the patient. The doctor is, therefore, under an obligation to share information with his or her patient.

O’Neill, O, Autonomy and Trust in Bioethics, Cambridge University Press, 2002; Pellegrino, E D, Thomasma, D C, ‘The Conflict Between Autonomy and Beneficence in Medical Ethics: Proposal for a Resolution’, Journal of Contemporary Health Law and Policy, 3(23), 1987: 23–46, at p 27. pdf (accessed on 19/10/2007), at p 491. , at p 492. From Hippocrates to paternalism to autonomy: the new hegemony 37 Conclusion What the foregoing shows is that, while virtually every school of ethical, social and political thought places considerable emphasis on the value of what it is to be autonomous, there is less agreement as to what autonomy actually means or consists in than might have been anticipated given the current dominance of the principle itself.

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Autonomy, Consent and the Law (Biomedical Law & Ethics Library) by Sheila A.M. McLean


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