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Essay / Research Paper Abstract
This 12 page paper is a comprehensive look at the doctrine of 'informed consent'. The writer considers how the idea of informed consent has changed citing numerous cases, such as Bolam v Friern Hospital Management Committee [1957, Sidaway v Board of Governors of Bethlem Royal and the Maudsley Hospital [1985] and the case of Bolitho. The situation in the UK is also contrasted to other countries such as the US, Canada and Australia. The paper focuses on medial consent, but other forms of informed consent are also covered, including the apparent inability of an adult to consent to some forms of sexual activities. The bibliography cites 18 sources.
Page Count:
12 pages (~225 words per page)
File: TS14_TEinfmcn.rtf
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Unformatted sample text from the term paper:
by the Supreme Court of Canada appears to me, with great respect, to be contrary to English law. Its foundation is the doctrine of informed consent which was originally based
on the assumption... in Canterbury v Spence " (Lord Diplock, in the case of Sidaway v Board of Governors of Bethlem Royal and the Maudsley Hospital [1985] 1 All
ER 643). The doctrine of informed consent can be seen as a doctrine included and embraced by the law in other countries, seen as an essential part of the
law. Yet in the UK this is still lacking, there is no doctrine that can be referred to or relied upon, and as a result we can see that there
are contradiction in UK law emerging that appears to be moving towards the need for acceptance of informed consent, but never taking that final leap. In ethical terms we may
argue that each individual deserves the right to make their own decision, and to be given all of the evidence in order to make those decision., Furthermore, that the decision
should be respected. In essence, the lack of an informed consent doctrine, whilst aimed at protecting the individual may be seen as encouraging unethical withholding of information and a lack
of individual respect. In this relativity recent case there is the denial of a doctrine that has been accepted in many other countries, the doctrine of informed consent. When
we look at the wider picture and the way that consent can be gained in general terms there are guidelines laid down in many different practices, from medical institutions to
social research, in general terms there are three main attributes needed for the generally recognised satisfaction of being able to give consent. The student should not we are taking of
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