Personalized Disclosure by Information-on-Demand: Attending to Patients’ Needs in the Informed Consent Process

18 Pages Posted: 28 Jul 2012 Last revised: 10 Aug 2012

Gil Siegal

University of Virginia School of Law; Kiryat Ono College, Israel

Richard J. Bonnie

University of Virginia - School of Law

Paul S. Appelbaum

Columbia University

Date Written: July 1, 2012

Abstract

Obtaining informed consent has typically become a stylized ritual of presenting and signing a form, in which physicians are acting defensively and patients lack control over the content and flow of information, leaving patients at risk both for being under-informed relative to their decisional needs and of receiving more information than they need or desire. By personalizing the process of seeking and receiving information and allowing patients to specify their desire for information in a prospective manner, we aim to shift genuine control over the informational process to patients. A new paradigm of Information on Demand, such as we suggest, would also enhance legal certainty, achieve greater congruence between the information patients want and the information they receive, and promote more meaningful patient-physician interactions, a desirable outcome that has been difficult to achieve by other means.

Keywords: informed consent, medical decision-making, patient education

Suggested Citation

Siegal, Gil and Bonnie, Richard J. and Appelbaum, Paul S., Personalized Disclosure by Information-on-Demand: Attending to Patients’ Needs in the Informed Consent Process (July 1, 2012). Virginia Public Law and Legal Theory Research Paper No. 2012-43. Available at SSRN: https://ssrn.com/abstract=2116574

Gil Siegal (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-243-8541 (Phone)
434-924-3517 (Fax)

HOME PAGE: www.law.virginia.edu/fac/gs6x

Kiryat Ono College, Israel ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel
972-3-50-380-4420 (Phone)
972-3-530-3960 (Fax)

Richard J. Bonnie

University of Virginia - School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Paul S. Appelbaum

Columbia University ( email )

NY State Psychiatric Institute
1051 Riverside Drive, Unit 122
New York, NY 10032
United States
646-774-8630 (Phone)
646-774-8633 (Fax)

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