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[Consent: between legality and legitimacy or between "formal" and "informed" consent]
B Lachaux1, L Morasz, J Crison-Curinier
1Unité d'Evaluation et de Recherche sur les Thérapeutiques Médicamenteuses, CHS Saint-Jean-de-Dieu, Lyon.
L'Encephale
|February 9, 1999
Summary
The legal importance of informed consent in healthcare is increasing, shifting from specific cases to all care fields. This evolution necessitates a focus on the clinical and ethical dimensions of patient consent.
Area of Science:
- Medical Law
- Bioethics
- Patient Rights
Context:
- Recent legal decrees emphasize the importance of information provided before patient consent.
- Written consent, once limited to specific areas like biomedical research, now applies to all healthcare fields.
- This shift transforms informed consent into formal consent, impacting the physician-patient relationship.
Purpose:
- To analyze the legal evolution of informed consent in healthcare.
- To explore the consequences of formalizing consent on the physician-patient dynamic.
- To re-establish the legitimacy of consent by highlighting its clinical and ethical significance.
Summary:
- The legal landscape increasingly mandates documented information exchange prior to patient consent.
- The formalization of consent may paradoxically diminish the integration of patient subjectivity.
- There is a growing need to emphasize the clinical and ethical underpinnings of consent.
Impact:
- Potential for a less subjective patient experience due to formalized consent processes.
- Highlights the critical role of ethical and humanistic acknowledgment of patient alterity in clinical practice.
- Informs healthcare providers and legal professionals about the evolving standards of patient consent.