Abstract

http://ssrn.com/abstract=309641
 
 

Footnotes (351)



 


 



Dissing Disclosure: Just What the Doctor Ordered


Grant H. Morris


University of San Diego, School of Law - Professor of Law Emeritus


Arizona Law Review, Vol. 44, No. 2, Summer 2002

Abstract:     
This article traces the development of a patient's right to medical self-determination. It demonstrates that although this right has been boldly proclaimed in court rhetoric, it has been carefully constrained in court decisionmaking. In delineating the duty on physicians to disclose information essential for their patients to make their own decisions, courts have responded more to physician resistance than to patient need. To date, the tort doctrine of informed consent has proven inadequate to achieve true patient autonomy. The article explains why managed care constraints on insurance-covered treatment options and on physician disclosure of noncovered options warrants a reconsideration and expansion of the disclosure duty. Guiding principles are proposed to assure that patients are informed of medically appropriate treatment options even if their insurance will not pay for them.

Number of Pages in PDF File: 110

Accepted Paper Series


Download This Paper

Date posted: June 12, 2002  

Suggested Citation

Morris, Grant H., Dissing Disclosure: Just What the Doctor Ordered. Arizona Law Review, Vol. 44, No. 2, Summer 2002. Available at SSRN: http://ssrn.com/abstract=309641

Contact Information

Grant Harold Morris (Contact Author)
University of San Diego, School of Law - Professor of Law Emeritus ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
Feedback to SSRN


Paper statistics
Abstract Views: 889
Downloads: 63
Download Rank: 207,503
Footnotes:  351

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.265 seconds