Law 3101A/B Lecture 2: Lecture 2 Notes
4 Apr 2016
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From last week: common law principles of consent (body of legal principles - evolved from lots of cases over time that developed into principles that were accepted all over england), health care consent. The principles of consent and capacity focus on autonomy. Info about yourself, what happens to your body - eg. a touch without consent is battery. People are not precise - who is giving consent to who, for what? vary with context. If you trip and touch someone that"s not voluntary. A reluctant consent is a valid consent (e. g. parolee, probationers, if you"re going to get fired etc. ) All to maximize the autonomy of the individual. You decide why you"re going - doesn"t matter to the doctor why and how you make decisions: consent must be based on a full disclosure of the nature of the proposed treatment, and its risks, benefits and alternatives.
