Print page

Informed Consent and Health

A Global Analysis Edited by Thierry Vansweevelt, Professor of Medical Law, University of Antwerp, Belgium and Nicola Glover-Thomas, Professor of Medical Law, University of Manchester, UK
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.
Extent: c 272 pp
Hardback Price: $140.00 Web: $126.00
Publication Date: April 2020
ISBN: 978 1 78897 341 0
Availability: Not yet published
$0.00

Buy the E-Book @ paperback price

  • eISBN: 978 1 78897 342 7

Join our mailing list

  • Development Studies
  • Development Studies
  • Law and Development
  • Law - Academic
  • Biotechnology and Pharmaceutical Law
  • Health Law
  • Human Rights
  • Law and Development
  • Law and Society
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.
‘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 include: B. Buchner, S.C. Chima, I. Freckelton, R. Fretwell Wilson, N. Glover-Thomas, M. Hartlev, Y. Joly, V.G. Mammadov, G. Marrocco, O.A. Osanyin, Y.V. Pavlova, M. Pinkesz, S.I. Pospelova, V.L. Raposo, Y.D. Sergeyev, T. Vansweevelt, M.H. Zawati

Contents

Foreword
Thomas Noguchi

1. A general introduction
Thierry Vansweevelt, Nicola Glover-Thomas

Part I Jurisdiction from the common law
2. Informed consent: the Australian perspective
Ian Freckelton QC

3. Re-examining the Canadian law of informed consent to medical treatment in the age of informatics
Miriam Pinkesz, Gabriel Marrocco, Yann Joly, Ma’n H. Zawati

4. Informed consent: the UK perspective
Nicola Glover-Thomas

5. A critique of informed consent in the United States
Robin Fretwell Wilson

Part II Jurisdictions from civil law
6. Informed Consent in Belgium and France
Thierry Vansweevelt

7. Informed consent in China and Macao
Vera Lúcia Raposo

8. Informed consent in the nordic countries
Mette Hartlev

9. Informed consent in South Africa: A legal, ethical, and cross-cultural perspective
Sylvester C. Chima

Part III Jurisdictions in which the principle of informed consent is adopted in the Constitution
10. Informed Consent in Germany
Benedikt Buchner

11. Informed consent in Nigeria
Olaolu A. Osanyin

12. Legal regulation of informed voluntary consent in Russia
Yulia V. Pavlova, Svetlana I.Pospelova, Yuriy D. Sergeyev, Vugar G. Mammadov

13. Comparative Conclusions: Towards A Global Vision of Informed Consent?
Thierry Vansweevelt, Nicola Glover-Thomas

Index