Informed Consent and Health: A Global Analysis, Thierry Vansweevelt and Nicola Glover-Thomas (eds) [BOOK REVIEW]

Informed Consent and Health: A Global Analysis, Thierry Vansweevelt and Nicola Glover-Thomas (eds) [BOOK REVIEW]
Craig Purshouse
Medical Law Review, 28 October 2020
Excerpt
The English law of ‘informed consent’, which regulates what information doctors should provide to patients, has been influenced by, and influenced, other jurisdictions. In Sidaway v Bethlem Royal Hospital, Lord Scarman (in the minority) referred to the ‘transatlantic doctrine of informed consent’ and endorsed the prudent patient test as the determinant of information disclosure. The majority of the House of Lords, however, rejected the patient-friendly approach prevalent in the USA and Canada and, instead, adopted the Bolam standard of disclosure, whereby doctors would escape liability provided they complied with peer opinion regarding what information should be disclosed to patients. The High Court of Australia chose a different path…

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