Abstract
Argumentation theory has much to offer our understanding of the doctor-patient relationship as it plays out in the context of seeking and obtaining consent to treatment. In order to harness the power of argumentation theory in this regard, I argue, it is necessary to take into account insights from the legal and bioethical dimensions of informed consent, and in particular to account for features of the interaction that make it psychologically complex: that there is a fundamental asymmetry of authority, power and expertise between doctor and patient; that, given the potential for coercion, it is a challenge to preserve the interactive balance presumed by the requirement of informed consent; and finally that the necessary condition that patients be ‘competent to consent’ may undermine the requirement of respecting patient autonomy. I argue argumentation theory has the resources to deal with these challenges and expand our knowledge, and appreciation, of the informed consent interaction in health care. Keywords: argumentation theory, informed consent, doctor-patient interaction, competency to consent, autonomy, medical paternalism
Keywords argumentation  informed consent  doctor-patient relationship  medical paternalism  patient autonomy
Categories (categorize this paper)
DOI 10.1075/jaic.1.1.02bic
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 51,304
External links

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.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

The Silent World of Doctor and Patient.Jay Katz - 1984 - Johns Hopkins University Press.
Doctor-Family-Patient Relationship: The Chinese Paradigm of Informed Consent.Yali Cong - 2004 - Journal of Medicine and Philosophy 29 (2):149 – 178.
Autonomy, Consent and the Law.Sheila McLean - 2010 - Routledge-Cavendish.
Teaching Argumentation Theory to Doctors: Why and What.Sara Rubinelli & Claudia Zanini - 2012 - Journal of Argumentation in Context 1 (1):66-80.
Informed Consent and Relational Conceptions of Autonomy.N. Stoljar - 2011 - Journal of Medicine and Philosophy 36 (4):375-384.
Informed Consent as Waiver: The Doctrine Rethought?Emma C. Bullock - 2010 - Ethical Perspectives 17 (4):529-555.
The Doctor–Patient Relationship.Harry H. Gordon - 1983 - Journal of Medicine and Philosophy 8 (3):243-256.
Informed Consent: Patient's Right or Patient's Duty?Richard T. Hull - 1985 - Journal of Medicine and Philosophy 10 (2):183-198.

Analytics

Added to PP index
2012-06-06

Total views
53 ( #175,260 of 2,330,106 )

Recent downloads (6 months)
1 ( #584,494 of 2,330,106 )

How can I increase my downloads?

Downloads

My notes