Notes
A contractual approach to informed consent (to be distinguished from the notion of the “implicit contract” between doctor and patient) will not uphold such waivers on grounds of being adhesion contracts or in violation of public good. I thank Prof. G. Annas for this point.
In pages 176–177, the authors touch this point in their discussion of combining “informed “with “independent” judgment in systems of accountability.
Doctors have been abused as well, mainly by holding them responsible for adverse outcomes and by no payment.
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Barilan, Y.M. Informed consent: between waiver and excellence in responsible deliberation. Med Health Care and Philos 13, 89–95 (2010). https://doi.org/10.1007/s11019-009-9200-4
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DOI: https://doi.org/10.1007/s11019-009-9200-4