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[The right of informed consentConsentinformed consent, grounded in the principle of respect for autonomyRespect for autonomy, has come to be seen by many as the central element in contemporary Western bioethics. This chapter will introduce the history and development of the role of consent in healthcare, from Pre-Enlightenment developments and Post-Medieval influences through the philosophical contributions of figures such as Immanuel KantImmanuel Kant and John Stuart MillJohn Stuart Mill. A review of nineteenth and twentieth century developments in consent for healthcare and research will feature legal cases, troubling research practices and shifting cultural values. The legal cases include Schloendorff v. Society of New York HospitalsSchloendorff v. Society of New York Hospitals, Salgo v. Leland Stanford Jr. University Board of TrusteesSalgo v. Leland Stanford Jr. University Board of Trustees and Canterbury v. SpenceCanterbury v. Spence. Troubling research practices will include the infamous Nazi atrocitiesNazi atrocities, the revelations of Henry BeecherHenry Beecher regarding research in the 1960s and the Tuskegee Syphilis StudyTuskegee Syphilis Study. Various codes of ethics which were created in response to the troubling research practices will also be examined, including the Nuremburg CodeNuremburg Code, the Declaration of HelsinkiDeclaration of Helsinki, the Belmont ReportBelmont Report and the UNESCO Universal Declaration on Bioethics and Human RightsUNESCO Universal Declaration on Bioethics and Human Rights. Following the description of the history of consent, the predominant contemporary model of informed consentConsentinformed consent presented by Beauchamp and Childress will be described, and various critiques will be offered, including those of Franklin G. Miller and Alan Wertheimer, Robert Veatch, Y. Michael BarilanY. Michael Barilan, and Rebecca KuklaRebecca Kukla. Finally, the inadequacy of the standard formulation for particular treatment forms and contexts will be examined.]
Published: Apr 26, 2017
Keywords: Information Disclosure; Biomedical Ethic; Legal Doctrine; Belmont Report; Healthcare Ethic
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