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Informed Consent and the Duty to Warn: More than the Mere Provision of Information.
- Source :
- Journal of Law & Medicine; Jun2024, Vol. 31 Issue 2, p324-342, 19p
- Publication Year :
- 2024
-
Abstract
- Before providing any form of medical treatment, medical practitioners are generally required to discharge their duty to warn. It is argued in this article that the duty to warn, at least as it relates to frail and elderly patients, requires the principles of shared decision-making to be adopted. Doing so will ensure a comprehensive biopsychosocial understanding of the patient and assist in identifying material risks that may not be readily apparent. Such risks include risks that threaten the patient's values, preferences, treatment aims and long-term outcomes. Once such risks are identified, in discharging the duty to warn, they should be contextualised in a manner that makes clear how that risk will manifest in that particular patient. These risks should then also be synthesised within the context of their other medical issues and longer-term interests. Finally, it is suggested that the traditional consent process may need restructuring. [ABSTRACT FROM AUTHOR]
- Subjects :
- MEDICAL ethics laws
ELDER care
HEALTH information services
FRAIL elderly
DECISION making
PATIENT care
GOAL (Psychology)
EVALUATION of medical care
INFORMED consent (Medical law)
PATIENT-professional relations
BIOPSYCHOSOCIAL model
PATIENTS' attitudes
MEDICINE information services
LAW
LEGISLATION
Subjects
Details
- Language :
- English
- ISSN :
- 1320159X
- Volume :
- 31
- Issue :
- 2
- Database :
- Supplemental Index
- Journal :
- Journal of Law & Medicine
- Publication Type :
- Academic Journal
- Accession number :
- 180415134