Informed Consent. Some Philosophical-Legal Concerns

Journal title SALUTE E SOCIETÀ
Author/s Patrizia Borsellino
Publishing Year 2012 Issue 2012/3 Language Italian
Pages 25 P. 17-41 File size 150 KB
DOI 10.3280/SES2012-003003
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The paper frames the issue from the philosophy of law’s viewpoint to determine the current "state of health" of informed consent starting from some critical areas (like the physician-patient relationship, illnesses with poor prognosis and the endof life medical care, genetics, clinical research and practice) and from its legal sources (like judicial decisions). The author’s claim is that informed consent does not need to be weakened in this historical period in order to strenghten solidarity and trust to achieve common goals for all human beings. Instead, she aims at proving that trust and solidarity should be placed in a participatory and cooperative scenario which should be fed by the respect, at the highest levels, of individual self-determination, and therefore of informed consent.

Keywords: Informed consent, philosophy of law, legal sources, judicial decisions, end of life care, genetics.

Patrizia Borsellino, Consenso informato. Una riflessione filosofico-giuridica sul tema in "SALUTE E SOCIETÀ" 3/2012, pp 17-41, DOI: 10.3280/SES2012-003003