Fay, M and Cockburn, T (2018) Consent to Innovative Treatment. Law, Innovation and Technology. ISSN 1757-9961 (In Press)

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Abstract

Much political, media and academic attention has focused on: 1) the legal test for evaluating whether there has been a breach of duty in the provision of innovative treatment; and 2) the extent to which the law reform proposed by Lord Saatchi in the Medical Innovation Bill (MIB) was necessary or desirable to relieve doctors of (perceived) legal strictures preventing innovative treatments. However, comparatively little attention focused on the requirement that patients must provide consent to innovative treatment. In this paper we argue that the English and Australian law relating to consent is capable of application in the context of innovative treatment so as to provide certainty for health professionals and promote patient autonomy.

Item Type: Article
Additional Information: This is the accepted author manuscript (AAM). The final published version (version of record) is available online via Taylor & Francis at https://www.tandfonline.com/toc/rlit20/current. Please refer to any applicable terms of use of the publisher.
Uncontrolled Keywords: medical negligence, medical trespass, consent, innovative treatment
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 15 Oct 2018 08:01
Last Modified: 19 Oct 2018 15:47
URI: http://eprints.keele.ac.uk/id/eprint/5423

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