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- Title
INFORMED CONSENT IN THE RESTATEMENT OF MEDICAL MALPRACTICE.
- Authors
Hall, Mark A.
- Abstract
This 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 the norms in medicine. The article also addresses unresolved issues and challenges in informed consent doctrine and the efforts of the American Law Institute to address them through the Restatement of Medical Malpractice. It emphasizes the need for a balance between legal standards and effective communication between patients and providers, while acknowledging the limitations of the law in achieving shared decision-making. The article also discusses the different standards and debates surrounding informed consent, including the disclosure of treatment alternatives and provider characteristics. It concludes by noting the potential convergence of patient-centered and provider-centered approaches due to changes in medical ethics and education.
- Subjects
INFORMED consent (Medical law); MEDICAL malpractice; MEDICAL personnel; MEDICAL personnel as patients; BEHAVIORISM (Psychology); MEDICAL ethics
- Publication
Southwestern Law Review, 2024, Vol 52, Issue 3, p450
- ISSN
1944-3706
- Publication type
Article