Professor Emma Cave emma.cave@durham.ac.uk
Professor
Patient rights to participate in treatment decisions: Choice, consultation and knowledge
Cave, Emma; Reinach, Nina
Authors
Nina Reinach
Abstract
Article 8 of the European Convention on Human Rights supports the right to participate in decisions that affect our lives. Article 8 was a relevant factor in the Supreme Court decision of Montgomery v Lanarkshire Health Board [2015] which makes significant advances in patient-centred care. Focusing on adult patients with capacity, this article considers article 8’s influence across three routes to participatory protection: the right to choose, the duty to consult, and the right to know. We set out current limitations of the right to choose and consider the potential for article 8 to influence the extension of a wider duty to consult and right to know. We find that there are impediments to legal development. Patient status leads to the elevation of aspects of participation that do not always comply with patient needs and expectations. We consider a reimagining of our expectations of patient rights to better acknowledge the relevance of partnership between patients and professional experts and to extend information provision beyond informed consent.
Citation
Cave, E., & Reinach, N. (2019). Patient rights to participate in treatment decisions: Choice, consultation and knowledge. Journal of medical law and ethics, 7(2), 157-176. https://doi.org/10.7590/221354019x15678416128130
Journal Article Type | Article |
---|---|
Acceptance Date | May 27, 2019 |
Online Publication Date | Oct 1, 2019 |
Publication Date | Oct 31, 2019 |
Deposit Date | Jun 20, 2019 |
Publicly Available Date | May 6, 2020 |
Journal | Journal of Medical Law and Ethics |
Print ISSN | 2213-5405 |
Electronic ISSN | 2214-5354 |
Publisher | Paris Legal Publishers |
Peer Reviewed | Peer Reviewed |
Volume | 7 |
Issue | 2 |
Pages | 157-176 |
DOI | https://doi.org/10.7590/221354019x15678416128130 |
Files
Published Journal Article
(1.1 Mb)
PDF
You might also like
Liability For Rugby Related Neuro-Degenerative Disease: A Question of Tort
(2024)
Journal Article
A Future Orientated View of Autonomy
(2023)
Book Chapter
The Warnock Report on Human Fertilisation and Embryology (1984)
(2023)
Book Chapter
Medicine, Patients and the Law
(2023)
Book
Downloadable Citations
About Durham Research Online (DRO)
Administrator e-mail: dro.admin@durham.ac.uk
This application uses the following open-source libraries:
SheetJS Community Edition
Apache License Version 2.0 (http://www.apache.org/licenses/)
PDF.js
Apache License Version 2.0 (http://www.apache.org/licenses/)
Font Awesome
SIL OFL 1.1 (http://scripts.sil.org/OFL)
MIT License (http://opensource.org/licenses/mit-license.html)
CC BY 3.0 ( http://creativecommons.org/licenses/by/3.0/)
Powered by Worktribe © 2024
Advanced Search