Download A History and Theory of Informed Consent by Ruth R. Faden PDF

By Ruth R. Faden

ISBN-10: 0195036867

ISBN-13: 9780195036862

Essentially argued and written in nontechnical language, this ebook offers a definitive account of proficient consent. It starts via proposing the analytic framework for reasoning approximately expert consent present in ethical philosophy and legislation. The authors then evaluation and interpret the background of educated consent in scientific medication, study, and the courts. They argue that admire for autonomy has had a primary function within the justification and serve as of knowledgeable consent specifications. Then they current a conception of the character of trained consent that's in line with an appreciation of its historic roots. a big contribution to an issue of present felony and moral debate, this research is out there to everybody with a significant curiosity in biomedical ethics, together with physicians, philosophers, coverage makers, non secular ethicists, attorneys, and psychologists. This well timed research makes an important contribution to the talk in regards to the rights of sufferers and matters.

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A "tort" is a civil injury to one's person or property that is intentionally or negligently inflicted by another and that is measured in terms of, and compensated by, money damages. Civil injuries can be contrasted with criminal injuries, which are punishable by imprisonment or by fines not intended as compensation but paid as penalties to the state. At common law, an unjustifiable failure to obtain informed consent is a tort. In this chapter we examine the following dimensions of tort law: the theory of liability, disclosure requirements, causation, and valid exceptions to the obligation to obtain consent.

S. Government Printing Office, 1982), Vol. 1, 44ff, esp. 47. 4. These issues are treated in Tom L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 2nd ed. (New York: Oxford UniversityPress, 1983), esp. Chaps. 3,7. 5. As we shall see in Chapter 2, legal commentary in the United States appealed to a right of privacy at the end of the nineteenth century in order to protect individuals against intrusions into zones of private life through newspaper gossip or telephone wiretapping.

Ross sought to give as much precision as possible to his ideas through a fundamental distinction between prima facie duties and actual duties: "Prima facie duty" refers to a duty always to be acted upon unless it conflicts on a particular occasion with an equal or stronger duty. A prima facie duty is always right and binding, all other things being equal. Although a firm duty, it is nonetheless conditional on not being overrid- FOUNDATIONS IN MORAL THEORY 17 den or outweighed by competing moral demands.

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