Informed Consent and the Differential Diagnosis: How the Law Overestimates Patient Autonomy and Compromises Health Care
The John Marshall Law School
July 10, 2014
Wayne Law Review, Vol. 60, No. 2, 2015
The purpose of this paper is not simply to re-examine the doctrine of informed consent. The purpose, however, is to identify how the doctrine has evolved, its scope expanded, and how it has created serious consequences for physicians and patients. Specifically, this paper focuses on the differential diagnosis - the process by which a physician arrives at a diagnosis - and how some jurisdictions have manipulated informed consent to encompass this process. This paper will urge that the application of informed consent to the differential diagnosis is an unnecessary expansion of the doctrine and, potentially, compromises health care.
Number of Pages in PDF File: 93
Date posted: July 12, 2014 ; Last revised: September 6, 2014