Jove
Visualize
Contact Us
JoVE
x logofacebook logolinkedin logoyoutube logo
ABOUT JoVE
OverviewLeadershipBlogJoVE Help Center
AUTHORS
Publishing ProcessEditorial BoardScope & PoliciesPeer ReviewFAQSubmit
LIBRARIANS
TestimonialsSubscriptionsAccessResourcesLibrary Advisory BoardFAQ
RESEARCH
JoVE JournalMethods CollectionsJoVE Encyclopedia of ExperimentsArchive
EDUCATION
JoVE CoreJoVE BusinessJoVE Science EducationJoVE Lab ManualFaculty Resource CenterFaculty Site
Terms & Conditions of Use
Privacy Policy
Policies

Related Experiment Videos

Autonomy, consent and persuasion.

Alisdair Maclean1

  • 1School of Law, University of Dundee.

European Journal of Health Law
|February 17, 2007
PubMed
Summary
This summary is machine-generated.

Healthcare professionals may face a legal duty to persuade patients away from irrational decisions. This explores the ethical and legal considerations of intervening in patient autonomy for their perceived well-being.

Related Concept Videos

You might also read

Related Articles

Articles linked to this work by shared authors, journal, and citation graph.

Sort by
Same journal

Comparative Legal Analysis of German and Austrian Constitutional Court Decisions on the Criminal Liability of Assisting Suicide.

European journal of health law·2026
Same journal

Addressing De Facto Discrimination through the European Health Data Space: Taking Obesity as a Case Study of Non-Immediate Primary Use.

European journal of health law·2026
Same journal

From Margins to Movement: Young Scholars, Digital Health, and the Future of EU Health Law.

European journal of health law·2026
Same journal

Conceptualising European Union Health Law.

European journal of health law·2026
Same journal

European Court of Human Rights.

European journal of health law·2026
Same journal

Balancing Care: Human Rights Perspectives on Family Caregivers in Long-Term Care.

European journal of health law·2026

Area of Science:

  • Medical Ethics
  • Healthcare Law
  • Patient Autonomy

Background:

  • Patients sometimes make decisions that appear irrational to healthcare professionals.
  • The principle of patient autonomy generally supports a patient's right to make their own decisions, even if those decisions seem unwise.

Purpose of the Study:

  • To examine the legal and ethical arguments for and against imposing a duty on healthcare professionals to persuade patients to reconsider apparently irrational decisions.
  • To explore the potential conflicts between patient autonomy and the duty of care.

Main Methods:

  • This article presents a philosophical and legal analysis.
  • It reviews existing legal frameworks and ethical principles related to medical decision-making and professional responsibility.

Related Experiment Videos

Main Results:

  • The article discusses the complexities of defining 'irrationality' in a clinical context.
  • It highlights the potential for paternalism and the erosion of trust if such a duty is imposed.

Conclusions:

  • Imposing a legal duty to persuade may undermine patient autonomy and the therapeutic relationship.
  • Alternative approaches focusing on enhanced communication and support for decision-making are likely more appropriate.