The so-called «doctrine of informed consent» is one of the most controversial and hotly-debated issues on the present-day international medico-legal scene. This study comprises an investigation of the nature, scope and application of the doctrine in the West German, English and South African legal systems as representatives of widely diverging and often conflicting approaches to the doctor's duty of disclosure. The problems relating to the informed-consent requisite and the solutions offered thereto are expounded, discussed, analysed and evaluated within the framework of case law and legal opinion in the three selected legal systems. The study concludes with a synopsis of fundamental principles of informed consent recommended for South Africa.
Reihe
Thesis
Sprache
Verlagsort
Frankfurt a.M.
Deutschland
Zielgruppe
Editions-Typ
Maße
Höhe: 21 cm
Breite: 14.8 cm
Gewicht
ISBN-13
978-3-631-43617-2 (9783631436172)
Schweitzer Klassifikation
The Author: Ferdinand van Oosten is a professor in criminal law and medical law at the University of Pretoria, South Africa. He holds the degrees BA and LLB from the Potchefstroom University, and LLD in criminal law from the University of Pretoria and an LLD in medical law from the University of South Africa. He has undertaken research in Germany, England and the Netherlands and is an Alexander von Humboldt research fellow.
Contents: Informed Consent and the Doctor's Duty of Disclosure - Medical Paternalism versus Patient Autonomy - The Patient's Right to Know - The Nature and Scope of and Restrictions to the Duty - A Comparative Survey.
