Cookies

We use cookies to ensure that we give you the best experience on our website. By continuing to browse this repository, you give consent for essential cookies to be used. You can read more about our Privacy and Cookie Policy.


Durham Research Online
You are in:

Patient rights to participate in treatment decisions : choice, consultation and knowledge.

Cave, Emma and Reinach, Nina (2019) 'Patient rights to participate in treatment decisions : choice, consultation and knowledge.', Journal of medical law and ethics., 7 (2). pp. 157-176.

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.

Item Type:Article
Full text:Publisher-imposed embargo
(AM) Accepted Manuscript
File format - PDF
(146Kb)
Full text:(VoR) Version of Record
Download PDF
(1065Kb)
Status:Peer-reviewed
Publisher Web site:https://doi.org/10.7590/221354019X15678416128130
Date accepted:27 May 2019
Date deposited:21 June 2019
Date of first online publication:01 October 2019
Date first made open access:06 May 2020

Save or Share this output

Export:
Export
Look up in GoogleScholar