One Size Fits All? On Patient Autonomy, Informed Consent and the Impact of Culture

40 Pages Posted: 11 Oct 2014

See all articles by José Miola

José Miola

University of Leicester

Dr. Roy Gilbar

Netanya Academic College

Date Written: October 10, 2014

Abstract

While both medical law and medical ethics have developed in a way that has sought to prioritise patient autonomy, it is less clear whether it has done so in a way that enhances the self-determination of some patients, particularly but not exclusively from non-Western backgrounds. In this article we consider the desire of such patients for family involvement in decision-making and argue that this desire is not catered for effectively in either medical law or medical ethics. We examine an alternative approach based on relational autonomy that might serve both to allow such patients to exercise their self-determination while still allowing them to include family members in the decision-making process.

Keywords: Medical Law, Autonomy, Family, Relational Autonomy, Consent, Culture

Suggested Citation

Miola, José and Gilbar, Roy, One Size Fits All? On Patient Autonomy, Informed Consent and the Impact of Culture (October 10, 2014). University of Leicester School of Law Research Paper No. 14-23. Available at SSRN: https://ssrn.com/abstract=2508222

José Miola (Contact Author)

University of Leicester ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Roy Gilbar

Netanya Academic College ( email )

1 University St
Netanya 42100, 4223587
Israel

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