Informed consent as waiver: the doctrine rethought?

Ethical Perspectives 17 (4):529-555 (2010)

Authors
Emma Bullock
Central European University
Abstract
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)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 39,607
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

Free Choice and Patient Best Interests.Emma Bullock - 2016 - Health Care Analysis 24 (4):374-392.

Add more citations

Similar books and articles

Autonomy, Consent and the Law.Sheila McLean - 2010 - Routledge-Cavendish.
Rethinking Informed Consent in Bioethics.Neil C. Manson - 2007 - Cambridge University Press.
A Linguistic Model of Informed Consent.Jan Marta - 1996 - Journal of Medicine and Philosophy 21 (1):41-60.
Informed Consent, Autonomy, and the Law.David B. Annis - 1984 - Philosophy Research Archives 10:249-259.
Can Broad Consent Be Informed Consent?M. Sheehan - 2011 - Public Health Ethics 4 (3):226-235.
Informed Consent and Relational Conceptions of Autonomy.N. Stoljar - 2011 - Journal of Medicine and Philosophy 36 (4):375-384.
Consent and Informational Responsibility.Shaun D. Pattinson - 2009 - Journal of Medical Ethics 35 (3):176-179.

Analytics

Added to PP index
2011-03-30

Total views
57 ( #128,949 of 2,325,335 )

Recent downloads (6 months)
5 ( #334,542 of 2,325,335 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature