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Informed consent as waiver: the doctrine rethought?

Emma C. Bullock

Ethical Perspectives 17 (4):529-555 (2010)

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Mental Illness, Lack of Autonomy, and Physician-Assisted Death.Jukka Varelius - 2015 - In Jukka Varelius & Michael Cholbi (eds.), New Directions in the Ethics of Assisted Suicide and Euthanasia. Cham: Springer Verlag. pp. 59-77.details In this chapter, I consider the idea that physician-assisted death might come into question in the cases of psychiatric patients who are incapable of making autonomous choices about ending their lives. I maintain that the main arguments for physician-assisted death found in recent medical ethical literature support physician-assisted death in some of those cases. After assessing several possible criticisms of what I have argued, I conclude that the idea that physicianassisted death can be acceptable in some cases of psychiatric patients (...) Download Export citation Bookmark
Free Choice and Patient Best Interests.Emma C. Bullock - 2016 - Health Care Analysis 24 (4):374-392.details In medical practice, the doctrine of informed consent is generally understood to have priority over the medical practitioner’s duty of care to her patient. A common consequentialist argument for the prioritisation of informed consent above the duty of care involves the claim that respect for a patient’s free choice is the best way of protecting that patient’s best interests; since the patient has a special expertise over her values and preferences regarding non-medical goods she is ideally placed to make a (...) Download Export citation Bookmark 7 citations
Informed consent and justified hard paternalism.Emma Cecelia Bullock - 2012 - Dissertation, University of Birminghamdetails According to the doctrine of informed consent medical procedures are morally permissible when a patient has consented to the treatment. Problematically it is possible for a patient to consent to or refuse treatment which consequently leads to a decline in her best interests. Standardly, such conflicts are resolved by prioritising the doctrine of informed consent above the requirement that the medical practitioner acts in accordance with the duty of care. This means that patient free choice is respected regardless as to (...) Download Export citation Bookmark 3 citations
Informed consent and Italian physicians: change course or abandon ship—from formal authorization to a culture of sharing.Emanuela Turillazzi & Margherita Neri - 2015 - Medicine, Health Care and Philosophy 18 (3):449-453.details In Italy in recent years, an exponential increase in the frequency of medical malpractice claims relating to the issue of informed consent has substantially altered not only medical ethics, but medical practice as well. Total or partial lack of consent has become the cornerstone of many malpractice lawsuits, and continues to be one of the primary cudgels against defendant physicians in Italian courtrooms. Physicians have responded to the rising number of claims with an increase in ‘defensive medicine’ and a prevailing (...) Download Export citation Bookmark 4 citations

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