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Between the reasonable and the particular: Deflating autonomy in the legal regulation of informed consent to medical treatment

Abstract:

The law of informed consent to medical treatment has recently been extensively overhauled in England. The 2015 Montgomery judgment has done away with the long-held position that the information to be disclosed by doctors when obtaining valid consent from patients should be determined on the basis of what a reasonable body of medical opinion agree ought to be disclosed in the circumstances. The UK Supreme Court concluded that the information that is material to a patient’s decision should inst...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Publisher's Version

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Publisher copy:
10.1007/s10728-018-0358-x

Authors


More by this author
Institution:
University of Oxford
Division:
Medical Sciences
Department:
Nuffield Department of Population Health
Role:
Author
ORCID:
0000-0002-5603-6200
More by this author
Institution:
University of Oxford
Division:
Humanities
Department:
Philosophy
Oxford college:
St Catherine's College
Role:
Author
More by this author
Institution:
University of Oxford
Division:
Social Sciences
Department:
Law
Oxford college:
Exeter College
Role:
Author
More by this author
Institution:
University of Oxford
Division:
Medical Sciences
Department:
Surgical Sciences
Oxford college:
St Catherine's College
Role:
Author
Publisher:
Springer Verlag Publisher's website
Journal:
Health Care Analysis Journal website
Volume:
27
Issue:
2
Pages:
110–127
Publication date:
2018-06-30
Acceptance date:
2018-06-16
DOI:
EISSN:
1573-3394
ISSN:
1065-3058
Pubs id:
pubs:864776
URN:
uri:8a14fc32-2acf-4c7f-924f-f51d0b7c1f3f
UUID:
uuid:8a14fc32-2acf-4c7f-924f-f51d0b7c1f3f
Local pid:
pubs:864776

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