The Doctrine of Informed Consent - When Experts and Non - Experts Collide  

Oleh:

Tan, Paul

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Singapore Journal of Legal Studies (Jul. 2006), page 148-171.
Topik: doctrine; doctrine; experts; collide

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: SS46 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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It will not be long before the Singapore Court of Appeal will have to confront the question it left open in Gunapathy and decide whether it should extend the Bolam principle to negligent advice cases as the House of Lords has done, or whether it should follow the more rigorous standard applied in other jurisdictions such as Canada and Australia. Rather than focus on the narrow and intractable debate about the philosophical values underlying both approaches (patient autonomy versus medical paternalism), this article draws on current behavioural and psychological studies to examine which approach would truly assist a patient in arriving at a rational and informed choice. It is argued that neither model currently employed is satisfactory because they fail to take into account the fact that the patient, as a layperson, and the physician, as an expert, perceive risk differently. Accordingly, it is proposed that the doctrine of informed consent should be structured to emphasize the constitutive nature of risk communication in order to bridge this difference.

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