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Informed consent--should Bolam be rejected?

P Fenwick1, R G Beran

  • 1Institute of Psychiatry, London, England.

Medicine and Law
|January 1, 1997
PubMed
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Informed consent is crucial for patient autonomy. This review examines legal principles like the UK's Bolam Principle and the US prudent person test, advocating for a balance between patient rights and physician duties.

Area of Science:

  • Medical Law
  • Bioethics
  • Patient Rights

Background:

  • Informed consent is fundamental, requiring patient comprehension and freedom from coercion.
  • Legal frameworks, including guardians and mental health laws, protect vulnerable individuals.
  • Inadequate informed consent can lead to legal recourse (battery, negligence), except in emergencies.

Purpose of the Study:

  • To review and compare the UK Bolam Principle and the US prudent person test.
  • To explore the legal standards for informed consent in medical practice.
  • To identify the need for balancing patient rights and physician obligations.

Main Methods:

  • Comparative legal analysis of UK and US informed consent doctrines.
  • Review of case law and ethical guidelines related to medical consent.
Keywords:
Bolam v. Friern Hospital Management CommitteeLegal ApproachProfessional Patient Relationship

Related Experiment Videos

  • Examination of the evolution of professional standards in patient care.

    • Main Results:

    • The UK Bolam Principle relies on peer professional standards.
    • The US prudent person test prioritizes the information needs of a reasonable patient.
    • There is growing scrutiny of the absolute adherence to the Bolam Principle.

    Conclusions:

    • A balance is needed between patient rights and physician duties for equitable outcomes.
    • The standard of duty of care requires ongoing review.
    • Individual case circumstances necessitate careful consideration, moving away from rigid adherence to established principles.