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- Title
INFORMED CONSENT IN THE RESTATEMENT OF MEDICAL MALPRACTICE.
- Authors
Hall, Mark A.
- Abstract
The article explores the concept of informed consent in medical malpractice and the ongoing debates surrounding it. It discusses the impact of informed consent on the physician-patient relationship and medical norms, as well as the challenges and unresolved issues in its doctrine. The article focuses on disclosure standards and the debate between patient-centered and provider-centered approaches, acknowledging the limitations of the law in achieving shared decision-making. It concludes by noting the potential for a more patient-focused approach in the future. The text discusses different standards of disclosure in informed consent, including the disclosure of treatment alternatives, informed refusal, and provider characteristics. It proposes a standard of disclosing material alternatives without specifying their risks and benefits and addresses the costs and boundaries of informed consent. The text also discusses the disclosure of provider credentials and treatment costs, emphasizing the importance of giving patients relevant information while balancing patient-centered care and legal principles.
- Subjects
MEDICAL malpractice; INFORMED consent (Medical law)
- Publication
Southwestern Law Review, 2024, Vol 52, Issue 3, p450
- ISSN
1944-3706
- Publication type
Article