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Informed consent and justified hard paternalism

Bullock, Emma Cecelia (2012)
Ph.D. thesis, University of Birmingham.

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Abstract

According to the doctrine of informed consent medical procedures are morally permissible when a patient has consented to the treatment. Problematically it is possible for a patient to consent to or refuse treatment which consequently leads to a decline in her best interests. Standardly, such conflicts are resolved by prioritising the doctrine of informed consent above the requirement that the medical practitioner acts in accordance with the duty of care. This means that patient free choice is respected regardless as to whether her choice leads to a decline in her best interests, since to disrespect patient choice would be an instance of ‘unwarranted’ paternalism.

This thesis defends the claim that in cases where patient consent comes into conflict with her best interests, paternalistic interference is in fact justified. The ambition of the thesis is thus twofold: in the first place I argue that the doctrine of informed consent cannot be used as an ethical guarantor for medical decision making. Secondly I will conclude that hard paternalism is justified in medical practice, thereby calling for a reversal of the prioritisation of informed consent procedures over the medical practitioner’s duty of care.

Type of Work:Ph.D. thesis.
Supervisor(s):Widdows, Heather and Law, Iain
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:School of Philosophy, Theology and Religion
Keywords:Informed Consent, Autonomy, Paternalism, Medical Ethics, Free Choice
Subjects:B Philosophy (General)
Institution:University of Birmingham
ID Code:3400
This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder.
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