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Article
Toward a Mature Doctrine of Informed Consent: Lessons from A Comparative Law Analysis
British Journal of American Legal Studies (2012)
  • John G. Culhane, Widener University - Delaware Campus
  • King-Jean Wu
  • Oluyomi Faparusi
  • Eric J Juray
Abstract

This article undertakes a comparative, critical evaluation of the law of informed consent as it has developed in several nations (the U.S., Taiwan, Britain, and Canada) over the past several decades. It argues for extending the doctrine to cover all cases in which physicians and their patients discuss appropriate care (including prescription drugs), and presents a modified subjective approach to causation, based on the Canadian approach, as the model most consistent with the fundamental tenets of the doctrine.

Keywords
  • informed consent,
  • comparative,
  • objective standard,
  • subjective standard,
  • Canterbury,
  • Canadian rule,
  • U.S. rule,
  • British rule
Disciplines
Publication Date
November, 2012
Citation Information
John G. Culhane, King-Jean Wu, Oluyomi Faparusi and Eric J Juray. "Toward a Mature Doctrine of Informed Consent: Lessons from A Comparative Law Analysis" British Journal of American Legal Studies Vol. 1 (2012)
Available at: http://works.bepress.com/john_culhane/48/