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Informed Consent and Health: A Global Analysis

Edited by: Thierry Vansweevelt, Nicola Glover-Thomas

ISBN13: 9781788973410
Published: April 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £109.00



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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.

Subjects:
Medical Law and Bioethics
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