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Research Participants and the Right to be Informed

Beyleveld, Deryck; Brownsword, Roger

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Authors

Roger Brownsword



Contributors

Pamela R Ferguson
Editor

Graeme T Laurie
Editor

Abstract

Introducing Autonomy, Consent and the Law,1 Sheila McLean remarks that if the law is ‘to facilitate or protect the capacity of an autonomous person to make an autonomous choice – one that reflects his or her own values – it is necessary to develop standards that can ensure meaningful patient participation in healthcare decisions’.2 And, the development of such standards, McLean suggests, ‘is generally said to be the function of the legal doctrine of consent’.3 However, having analysed a sweep of English medical law (focusing on end-of-life questions, pregnancy, genetics and organ transplantation), McLean claims that the jurisprudence of (informed) consent is less than fully congruent with the idea that the autonomy of the patient is focal. Indeed, McLean concludes: ‘In building the rules around consent to treatment, courts have stopped short of ensuring that people are fully informed and therefore truly able to weigh their decisions and act in a self-determining manner’.

Citation

Beyleveld, D., & Brownsword, R. (2015). Research Participants and the Right to be Informed. In P. R. Ferguson, & G. T. Laurie (Eds.), Inspiring a medico-legal revolution : essays in honour of Sheila McLean (173-188). Routledge

Online Publication Date May 28, 2015
Publication Date May 28, 2015
Deposit Date Jul 19, 2018
Publicly Available Date Feb 11, 2020
Publisher Routledge
Pages 173-188
Book Title Inspiring a medico-legal revolution : essays in honour of Sheila McLean.
Publisher URL https://www.taylorfrancis.com/books/e/9781317115960

Files

Accepted Book Chapter (623 Kb)
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Copyright Statement
This is an Accepted Manuscript of a book chapter published by Routledge in Inspiring a medico-legal revolution : essays in honour of Sheila McLean on 28 May 2015 available online: http://www.routledge.com/9781472434289





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