Self-determination in Health Care

A Property Approach to the Protection of Patients' Rights

Nonfiction, Reference & Language, Law, Jurisprudence, Health & Well Being, Medical, Reference, Health Policy
Cover of the book Self-determination in Health Care by Leroy C. Edozien, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Leroy C. Edozien ISBN: 9781317057420
Publisher: Taylor and Francis Publication: March 3, 2016
Imprint: Routledge Language: English
Author: Leroy C. Edozien
ISBN: 9781317057420
Publisher: Taylor and Francis
Publication: March 3, 2016
Imprint: Routledge
Language: English

It is generally accepted in legal and bioethical discourse that the patient has a right to self-determination. In practice though, this is often not the case. Paternalism is waning and it is increasingly recognised that there are values other than medical factors which determine the choices that patients make. Unfortunately, these developments have not resulted in huge advances for patient self-determination, which is largely because the consent model has fundamental flaws that constrain its effectiveness. This book sets out to offer an alternative model to consent. In the property model proposed here, the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. It is argued that the property model potentially overcomes the limitations of the consent model, including the obstacle caused by the requirement to prove causation in consent cases. The author proposes that this model could in the future provide an alternative or complementary approach for the courts to consider when dealing with cases relating to self-determination in health care.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

It is generally accepted in legal and bioethical discourse that the patient has a right to self-determination. In practice though, this is often not the case. Paternalism is waning and it is increasingly recognised that there are values other than medical factors which determine the choices that patients make. Unfortunately, these developments have not resulted in huge advances for patient self-determination, which is largely because the consent model has fundamental flaws that constrain its effectiveness. This book sets out to offer an alternative model to consent. In the property model proposed here, the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. It is argued that the property model potentially overcomes the limitations of the consent model, including the obstacle caused by the requirement to prove causation in consent cases. The author proposes that this model could in the future provide an alternative or complementary approach for the courts to consider when dealing with cases relating to self-determination in health care.

More books from Taylor and Francis

Cover of the book Making a Market Economy by Leroy C. Edozien
Cover of the book Creative Listening and the Psychoanalytic Process by Leroy C. Edozien
Cover of the book The Royal Touch (Routledge Revivals) by Leroy C. Edozien
Cover of the book Developments in Handwriting and Signature Identification in the Digital Age by Leroy C. Edozien
Cover of the book Regional and Urban Economics Parts 1 & 2 by Leroy C. Edozien
Cover of the book Letters, Postcards, Email by Leroy C. Edozien
Cover of the book Women Writing Latin by Leroy C. Edozien
Cover of the book South Africa's Emergent Middle Class by Leroy C. Edozien
Cover of the book 500 Common Korean Idioms by Leroy C. Edozien
Cover of the book Religious Responses to HIV and AIDS by Leroy C. Edozien
Cover of the book Davidson and Spinoza by Leroy C. Edozien
Cover of the book The Philosophy of Management by Leroy C. Edozien
Cover of the book Thinking Through Rituals by Leroy C. Edozien
Cover of the book Young Children in a Digital Age by Leroy C. Edozien
Cover of the book Elder Care Catastrophe by Leroy C. Edozien
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy