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COVID-19 Vaccination and the Role of Informed Consent: England as a Case Study.

Authors :
Milo, Caterina
Source :
European Journal of Health Law. 2023, Vol. 30 Issue 4, p428-448. 21p.
Publication Year :
2023

Abstract

Informed consent (IC), following the Supreme Court judgment in Montgomery v Lanarkshire Health Board , [2015] UKSC 11, constitutes a key patients' right. There is a vast literature exploring the significance of this right, while an analysis of the role that this has played in England during the COVID-19 vaccine distribution has been under-explored. Using England as a case study, this paper argues that IC has received limited protection in the COVID-19 vaccination context of the adult population, upholding at its best only a minimalistic approach where mere 'consent' has been safeguarded. It suggests that new approaches should be brainstormed so as to more properly safeguard IC in a Montgomery-compliant-approach , namely in a way that enhances patients' autonomy and medical partnership, and also to better prepare and respond to future pandemics. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09290273
Volume :
30
Issue :
4
Database :
Academic Search Index
Journal :
European Journal of Health Law
Publication Type :
Academic Journal
Accession number :
169915847
Full Text :
https://doi.org/10.1163/15718093-bja10108