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Informed consent: patient's right or patient's duty?
The Journal of Medicine and Philosophy
|May 1, 1985
Summary
Patients must knowingly authorize medical treatments, as informed consent is a two-way street. This ensures physicians avoid battery and patients understand their care.
Area of Science:
- Medical Ethics
- Bioethics
- Patient Rights
Background:
- The traditional view of informed consent emphasizes patient autonomy and physician duty.
- This perspective often allows patients to waive their right to information, termed the 'right not to know'.
Purpose of the Study:
- To re-examine the ethical framework of informed consent in medical interventions.
- To argue that informed consent imposes duties on patients as well as physicians.
Main Methods:
- Philosophical analysis of the concept of informed consent.
- Examination of the legal and ethical implications of patient knowledge in medical decision-making.
Main Results:
- Informed consent establishes a reciprocal relationship, creating duties for both patient and physician.
- Physicians have a right to refuse unauthorized touching (battery).
- Patients cannot truly consent to unknown interventions.
Conclusions:
- Patients have a duty to knowledgeably authorize medical treatments.
- The principle of informed consent necessitates patient understanding, not just agreement.
- Voluntary treatment requires informed authorization, not merely passive acceptance.