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Informed Consent and Health

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Informed Consent and Health

A Global Analysis

9781788973410 Edward Elgar Publishing
Edited by Thierry Vansweevelt, Professor of Medical Law, University of Antwerp, Belgium and Nicola Glover-Thomas, Professor of Medical Law, University of Manchester, UK
Publication Date: 2020 ISBN: 978 1 78897 341 0 Extent: 296 pp
Informed consent is the legal instrument that purports to protect an individual’s autonomy and defends against medical arbitrariness. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community.

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Critical Acclaim
Contributors
Contents
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Informed consent is the legal instrument that purports to protect an individual’s autonomy and defends against medical arbitrariness. Informed Consent and Health highlights that possession of complete information about all relevant aspects of a proposed treatment is integral to the ability of a patient to make an informed choice. With patient choice at both legislative and judicial levels rising to greater levels of prominence, this timely book examines how the tensions between the rights of patients to make choices and the duties of doctors to provide health care are managed.

This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community.

Containing an in-depth discussion on this fundamental right, this thought-provoking book will be of value to academics and practitioners alike. Providing fascinating insight into new solutions and interpretations, this book will also prove a key resource for clinicians and health care workers.
Critical Acclaim
‘Vansweevelt and Glover-Thomas have succeeded in providing a comprehensive picture of the principle of informed consent. This volume shows that despite many different levels of detail, and different interpretations, most countries have rooted the principle of informed consent within their national legislation.’
– André den Exter, Erasmus University Rotterdam, the Netherlands

‘Consent to health care and treatment is a cornerstone of ethical medical practice and any exceptions must be carefully justified. But what exactly is informed consent? This timely book will be of invaluable assistance to practitioners, students and researchers from a range of disciplines, who are interested in understanding what the doctrine of informed consent means across countries with diverse legal systems. This book provides a useful, comparative overview of the scope, interpretation and practical application of informed consent with a view to informing the development of this important doctrine.’
– Bernadette McSherry, University of Melbourne, Australia
Contributors
Contributors: B. Buchner, S.C. Chima, I. Freckelton, R. Fretwell Wilson, N. Glover-Thomas, M. Hartlev, Y. Joly, V.G. Mammadov, G. Marrocco, Y.V. Pavlova, M. Pinkesz, S.I. Pospelova, V.L. Raposo, Y.D. Sergeyev, T. Vansweevelt, M.H. Zawati

Contents
Contents:

Foreword by Thomas Noguchi ix
1 A general introduction 1
Thierry Vansweevelt and Nicola Glover-Thomas

PART I JURISDICTION FROM THE COMMON LAW
2 Informed consent: the Australian perspective 6
Ian Freckelton QC
3 Re-examining the Canadian law of informed consent to medical treatment in the age of informatics 32
Miriam Pinkesz, Gabriel Marrocco, Yann Joly, Ma’n H. Zawati
4 Informed consent: the UK perspective 74
Nicola Glover-Thomas
5 A critique of informed consent in the United States 101
Robin Fretwell Wilson

PART II JURISDICTIONS FROM CIVIL LAW
6 Informed consent in Belgium and France 124
Thierry Vansweevelt
7 Informed consent in China and Macao 144
Vera Lúcia Raposo
8 Informed consent in the Nordic countries 163
Mette Hartlev
9 Informed consent in South Africa: a legal, ethical and cross-cultural perspective 183
Sylvester C. Chima

PART III JURISDICTIONS IN WHICH THE PRINCIPLE OF INFORMED CONSENT IS ADOPTED IN THE CONSTITUTION
10 Informed consent in Germany 216
Benedikt Buchner
11 Legal regulation of voluntary informed consent in Russia 235
Svetlana I. Pospelova, Yulia V. Pavlova, Yuriy D. Sergeyev, Vugar G. Mammadov
12 Comparative conclusions: towards a global vision of informed consent? 256
Thierry Vansweevelt and Nicola Glover-Thomas

Index 271

This title is available for institutional purchase via Elgaronline.

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