David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ethical Perspectives 17 (4):529-555 (2010)
Neil Manson and Onora O’Neill have recently defended an original theory of informed consent in their book Rethinking Informed Consent in Bioethics (2007). The development of their ‘waiver’ model is premised on the failings of the theory of informed consent as disclosure, which is rejected on two counts: firstly, the disclosure model’s implicit reliance upon a ‘conduit-container’ model of communication means that the regulatory requirements of informed consent can rarely be achieved; secondly, the model’s purported ethical justification via a principle of respect for patient autonomy is presented as being vacuous. Despite having laudable motivations for rethinking informed consent, I argue that their theory of informed consent as waiver can be criticised on similar grounds. In order to support this thesis I object that Manson and O’Neill’s developed theory of agential communication is too intricate to easily meet the demands of informed consent as waiver. Secondly, I show that the model appears to be implicitly reliant upon a principle of respect for patient autonomy. Hence, despite improving upon the doctrine of informed consent, the waiver model needs further elucidation in order to avoid the problems mounted against the disclosure model.
|Keywords||Informed Consent Autonomy Communication|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Sheila McLean (2010). Autonomy, Consent and the Law. Routledge-Cavendish.
Deborah Bowman (2011). Informed Consent: A Primer for Clinical Practice. Cambridge University Press.
Neil C. Manson (2007). Rethinking Informed Consent in Bioethics. Cambridge University Press.
Jan Marta (1996). A Linguistic Model of Informed Consent. Journal of Medicine and Philosophy 21 (1):41-60.
Jukka Varelius (2010). On Taylor's Justification of Medical Informed Consent. Bioethics 26 (4):207-214.
David B. Annis (1984). Informed Consent, Autonomy, and the Law. Philosophy Research Archives 10:249-259.
Michelle H. Biros (2007). Research Without Consent: Exception From and Waiver of Informed Consent in Resuscitation Research. Science and Engineering Ethics 13 (3):361-369.
David Shaw (2009). Prescribing Placebos Ethically: The Appeal of Negatively Informed Consent. Journal of Medical Ethics 35 (2):97-99.
M. Sheehan (2011). Can Broad Consent Be Informed Consent? Public Health Ethics 4 (3):226-235.
N. Stoljar (2011). Informed Consent and Relational Conceptions of Autonomy. Journal of Medicine and Philosophy 36 (4):375-384.
Jerome Bickenbach (2012). Argumentation and Informed Consent in the Doctor–Patient Relationship. Journal of Argumentaion in Context 1 (1):5-18.
Tom Walker (2013). Respecting Autonomy Without Disclosing Information. Bioethics 27 (7):388-394.
Leonard J. Haas (1991). Hide-and-Seek or Show-and-Tell? Emerging Issues of Informed Consent. Ethics and Behavior 1 (3):175 – 189.
Shaun D. Pattinson (2009). Consent and Informational Responsibility. Journal of Medical Ethics 35 (3):176-179.
Added to index2011-03-30
Total downloads30 ( #82,016 of 1,696,516 )
Recent downloads (6 months)5 ( #113,990 of 1,696,516 )
How can I increase my downloads?