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When do nudges undermine voluntary consent?

Maximilian Kiener1

  • 1Faculty of Philosophy, The Queen's College, University of Oxford, High Street, Oxford, OX1 4AW UK.

Philosophical Studies
|November 1, 2021
PubMed
Summary
This summary is machine-generated.

Nudges in healthcare may undermine patient consent. Modified conditions of transparency, rationality, and resistibility can assess this, but a simpler ethical framework based on interpersonal justification is proposed.

Keywords:
Interpersonal justificationNudgingRationalityResistibilityTransparencyVoluntary consent

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Area of Science:

  • Bioethics
  • Public Policy
  • Medical Law

Background:

  • Nudging is debated in public policy using transparency, rationality, and easy resistibility criteria.
  • The ethical implications of nudging on voluntary medical consent remain underexplored.

Purpose of the Study:

  • To investigate when nudges undermine voluntary patient consent for medical procedures.
  • To adapt existing nudging assessment criteria (transparency, rationality, easy resistibility) for evaluating medical consent.

Main Methods:

  • Analysis of ethical frameworks for nudging.
  • Application of modified transparency, rationality, and easy resistibility conditions to medical consent scenarios.
  • Development of an alternative ethical framework based on interpersonal justification.

Main Results:

  • Modified transparency, rationality, and easy resistibility criteria can be applied to voluntary medical consent, though substantial adjustments are needed.
  • A simpler ethical framework is proposed: nudging undermines consent if it cannot be "interpersonally justified" to the patient.

Conclusions:

  • Existing nudging assessment criteria require significant modification for medical consent.
  • Interpersonal justification offers a more elegant and unified framework for assessing the ethical permissibility of nudging in medical consent contexts.