Hobson, C and Miola, J orcid.org/0000-0001-9682-2284 (2021) Should we criminalize a deliberate failure to obtain properly informed consent? Medical Law International, 21 (4). pp. 369-392. ISSN 0968-5332
Abstract
This paper takes the form of a polemic and thought experiment. The starting point is that, if medical law’s claims to place autonomy at the heart of the enterprise are to be taken seriously, then autonomy either needs to be considered a recoverable harm, or the most egregious infringements should be subject to the criminal law. This might particularly be the case where a doctor deliberately attempts to modify the patient’s decision by failing to disclose information that they know that the patient would find significant. The article considers medical law’s relationship with autonomy, before applying the criminal law – in the form of the analogous situation of defendants who deliberately fail to disclose HIV+ status to their sexual partners. What we find is a distinct difference in the way that autonomy is seen by medical and criminal law, although both are equally unsatisfactory.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2021.https://creativecommons.org/licenses/by/4.0/This article is distributed under the terms of the Creative Commons Attribution 4.0 License (https://creativecommons.org/licenses/by/4.0/) which permits any use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access pages (https://us.sagepub.com/en-us/nam/open-access-at-sage). |
Keywords: | autonomy; criminal law; Informed consent; medical law; trespass |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 26 Oct 2021 10:22 |
Last Modified: | 18 Jul 2022 09:10 |
Status: | Published |
Publisher: | SAGE Publications |
Identification Number: | 10.1177/09685332211060265 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:179633 |