Denial of Health Care and Informed Consent in English and American Law
Miller, Frances H.
American Journal of Law and Medicine. 1992; 18(1 & 2): 37-71.
Health care rationing has gained greater visibility in the United States and the United Kingdom, for quite different reasons. As patients in both countries become more aware that potentially beneficial medical services can be denied them on economic -- as opposed to purely medical -- grounds, they are beginning to seek help from the judiciary. This Article contends that as rationing becomes more explicit, the doctrine of informed consent will come under increased pressure. The Article suggests that courts and legislatures consider imposing a legal obligation on physicians to inform their patients when potentially effective treatment is to be withheld for economic or other non-clinical reasons.
Autonomy; Conflict of Interest; Costs and Benefits; Consent; Consultation; Disclosure; Economics; Financial Support; Government; Health; Health Care; Health Care Delivery; Health Maintenance Organizations; Hospitals; Health Care Rationing; Indigents; Informed Consent; Insurance; International Aspects; Law; Legal Aspects; Legal Liability; Liability; Managed Care; Negligence; Organizations; Paternalism; Patient Advocacy; Patient Care; Patients; Physician Patient Relationship; Physicians; Policy Analysis; Public Policy; Referral and Consultation; Resource Allocation; State Government; Withholding Treatment;
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