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Informed consent to rationing decisions

M A Hall1

  • 1Wake Forest University School of Law, Winston-Salem, NC 27104.

The Milbank Quarterly
|January 1, 1993
PubMed
Summary
This summary is machine-generated.

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Patients may implicitly consent to reduced treatment by choosing cheaper health insurance. This challenges the standard requirement for full disclosure in medical rationing decisions, impacting informed consent law.

Area of Science:

  • Medical Law
  • Bioethics
  • Health Economics

Background:

  • Current legal and ethical standards mandate disclosure of all rationing decisions to patients.
  • Informed consent and abandonment laws have not yet addressed cost-related treatment limitations.

Purpose of the Study:

  • To challenge the prevailing view on mandatory disclosure of rationing decisions.
  • To propose a new legal framework: economic informed consent.

Main Methods:

  • Analysis of existing informed consent and abandonment laws.
  • Development of a theoretical model for economic informed consent.

Main Results:

  • Conventional law does not currently compel disclosure of cost-based treatment limits.
Keywords:
Analytical ApproachHealth Care and Public HealthLegal Approach

Related Experiment Videos

  • Economic informed consent theory suggests patients consenting to cheaper insurance may waive rights to certain disclosures.

    • Conclusions:

    • The workability and legal acceptance of economic informed consent depend on enrollment disclosures, plan choices, and patient comprehension.
    • This theory offers a potential legal basis for managing cost-related treatment limitations.