کد مقاله | کد نشریه | سال انتشار | مقاله انگلیسی | نسخه تمام متن |
---|---|---|---|---|
3123018 | 1583708 | 2015 | 4 صفحه PDF | دانلود رایگان |
Over the last 5 years, the medical profession has relied on the Bolam test for their defence in cases of clinical negligence. While still a matter of controversy between health professionals and legal experts, the Bolam test has been tried and criticised not only by the English courts but also in the United States, Canada, and Australia. In the medical profession the concept of the law of consent has moved away from a doctrine of professional paternalism towards patient-focused paternalism, and has increased the emphasis on human rights and the autonomy and choice of the patient. These changes present a challenge to health professionals, and a lack of effective recognition and interpretation can result in non-compliance. We review the developments in the law of consent since Bolam and discuss how they affect patients with incapacity, and highlight the importance of being familiar with them.
Journal: British Journal of Oral and Maxillofacial Surgery - Volume 53, Issue 9, November 2015, Pages 805–808