Abstract

http://ssrn.com/abstract=2175775
 


 



Toward a Mature Doctrine of Informed Consent: Lessons from a Comparative Law Analysis


John G. Culhane


Widener University - Delaware Campus

King-Jean Wu


National Taiwan University

Oluyomi Faparusi


Widener University - Delaware Campus

Eric J. Juray


Widener University - Delaware Campus

November 14, 2012

British Journal of American Legal Studies, Vol. 1, p. 551 (2012)
Widener Law School Legal Studies Research Paper No. 12-37

Abstract:     
Under the doctrine of informed consent, physicians owe patients a duty to disclose to them all material risks of a contemplated treatment or procedure. While the doctrine is generally well accepted in the United States and several other common law countries, it has had a rockier reception in other places. This inconsistency is on its face surprising, given that the doctrine stems from the principle of patient autonomy – a principle to which most countries supposedly subscribe. Unless the patient is in possession of sufficient information, that autonomy may be compromised. But the inconsistency is less puzzling when one considers the difficulty of applying the doctrine to the actual physician-patient relationship.

This article examines the doctrine in four countries that have had different responses to informed consent: the United States; Great Britain; Canada; and Taiwan. This comparison highlights the compromises that each of these jurisdictions has made to the foundational principles of informed consent, and then proposes a way forward by borrowing heavily from the Canadian model.

Number of Pages in PDF File: 38

Keywords: informed consent, health law, physicians, patient autonomy

JEL Classification: K32, K13

Accepted Paper Series





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Date posted: November 15, 2012  

Suggested Citation

Culhane, John G. and Wu, King-Jean and Faparusi, Oluyomi and Juray, Eric J., Toward a Mature Doctrine of Informed Consent: Lessons from a Comparative Law Analysis (November 14, 2012). British Journal of American Legal Studies, Vol. 1, p. 551 (2012); Widener Law School Legal Studies Research Paper No. 12-37. Available at SSRN: http://ssrn.com/abstract=2175775

Contact Information

John G. Culhane (Contact Author)
Widener University - Delaware Campus ( email )
PO Box 7474
Wilmington, DE 19803
United States
(302) 477-2107 (Phone)
(302) 477-2255 (Fax)
King-Jean Wu
National Taiwan University ( email )
1 Sec. 4, Roosevelt Road,
Taipei 106, 106
Taiwan
Oluyomi Faparusi
Widener University - Delaware Campus ( email )
PO Box 7474
Wilmington, DE 19803
United States
Eric J. Juray
Widener University - Delaware Campus ( email )
PO Box 7474
Wilmington, DE 19803
United States
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