Excessive risk disclosure: The effects of the law on medical practice

Heywood, Rob (2005) Excessive risk disclosure: The effects of the law on medical practice. Medical Law International, 7 (2). pp. 93-112. ISSN 2047-9441

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Abstract

This article examines the debate surrounding the challenging concept of informed consent. It argues whilst the English courts have effectively excluded the use of the tort of battery as an appropriate mechanism for protecting a patient's right to self-determination, they have left the law in a state of flux due to the uncertainties associated with categorising similar claims within negligence where the onus is on risk disclosure. This confusion may stem firstly from the fact that medical practitioners are unsure exactly which risks to disclose, and secondly, from the way in which both doctors and patients perceive the consent process. The paper suggests this disorder may be having a detrimental effect on medical practice as medical practitioners are taking it upon themselves to disclose excessive information, which patient's may not want or need. A suggestion is also made that in these situations, in order that the law truly respects self-determination, consideration must be given to the patient's desire to waive their right to informed consent. ‘while all are agreed that “doctor knows best” is no longer acceptable, for some “doctor knows better” is just as outdated and paternalistic. The assumption that the doctor's knowledge is deployed to ends that are of benefit to patients is treated with suspicion.’

Item Type:	Article
Faculty \ School:	Faculty of Social Sciences > School of Law
UEA Research Groups:	Faculty of Social Sciences > Research Groups > Company and Commercial Law (former - to 2017)
Depositing User:	Julie Frith
Date Deposited:	20 Jan 2012 11:57
Last Modified:	25 Jun 2024 14:30
URI:	https://ueaeprints.uea.ac.uk/id/eprint/36348
DOI:	10.1177/096853320500700201

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