Informed consent: Patient's right or patient's duty?

Journal of Medicine and Philosophy 10 (2):183-198 (1985)
Abstract
The rule that a patient should give a free, fully-informed consent to any therapeutic intervention is traditionally thought to express merely a right of the patient against the physician, and a duty of the physician towards the patient. On this view, the patient may waive that right with impugnity, a fact sometimes expressed in the notion of a right not to know. This paper argues that the rule also expresses a duty of the patient towards the physician and a right of the physician against the patient. The argument turns, first, on the truism that a physician has no obligation to commit a battery, or unauthorized touching, and, second, on the thesis that a patient necessarily cannot consent to something that is unknown to him. The conclusion is drawn that a patient is not free to receive treatment voluntarily without knowledgeably authorizing it. CiteULike Connotea Del.icio.us What's this?
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Mark Strasser (1987). Physicians, Battery, and the Duty to Give Informed Consent. Journal of Medical Humanities and Bioethics 8 (1):40-48.
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