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  1. Informed Consent in Asymmetrical Relationships: an Investigation into Relational Factors that Influence Room for Reflection.Shannon Lydia Spruit, Ibo Poel & Neelke Doorn - 2016 - NanoEthics 10 (2):123-138.
    In recent years, informed consent has been suggested as a way to deal with risks posed by engineered nanomaterials. We argue that while we can learn from experiences with informed consent in treatment and research contexts, we should be aware that informed consent traditionally pertains to certain features of the relationships between doctors and patients and researchers and research participants, rather than those between producers and consumers and employers and employees, which are more prominent in the case of engineered nanomaterials. (...)
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  • Informed Consent in Asymmetrical Relationships: an Investigation into Relational Factors that Influence Room for Reflection.Shannon Lydia Spruit, Ibo van de Poel & Neelke Doorn - 2016 - NanoEthics 10 (2):123-138.
    In recent years, informed consent has been suggested as a way to deal with risks posed by engineered nanomaterials. We argue that while we can learn from experiences with informed consent in treatment and research contexts, we should be aware that informed consent traditionally pertains to certain features of the relationships between doctors and patients and researchers and research participants, rather than those between producers and consumers and employers and employees, which are more prominent in the case of engineered nanomaterials. (...)
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  • Non-Identity: Solving the Waiver Problem for Future People’s Rights.Rudolf Schuessler - 2016 - Law and Philosophy 35 (1):87-105.
    In a familiar interpretation, the Non-Identity Problem claims that persons whose existence depends on a seemingly harmful action cannot in fact be harmed through such an action. It is often objected that the persons in question can nevertheless be wronged through a violation of their rights. However, this objection seems to fail because these persons would readily waive any violated right in order to come into existence. The present article will analyze this Waiver Counter Argument in detail and show why (...)
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  • Certified Patient Decision Aids: Solving Persistent Problems with Informed Consent Law.Thaddeus Mason Pope - 2017 - Journal of Law, Medicine and Ethics 45 (1):12-40.
    The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.
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  • Three arguments against prescription requirements.Jessica Flanigan - 2012 - Journal of Medical Ethics 38 (10):579-586.
    In this essay, I argue that prescription drug laws violate patients' rights to self-medication. Patients have rights to self-medication for the same reasons they have rights to refuse medical treatment according to the doctrine of informed consent (DIC). Since we should accept the DIC, we ought to reject paternalistic prohibitions of prescription drugs and respect the right of self-medication. In section 1, I frame the puzzle of self-medication; why don't the same considerations that tell in favour of informed consent also (...)
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  • Public Bioethics.Jessica Flanigan - 2013 - Public Health Ethics 6 (2):170-184.
    In this essay I argue that the same considerations that justify the strong commitment to anti-paternalism that has been affirmed in bioethics over the past half century, also calls for anti-paternalistic public health policies. First, I frame the puzzle—why are citizens morally entitled to make unhealthy and medically inadvisable decisions as patients but not as consumers? I then briefly sketch the reasons why bioethicists typically reject paternalism. Next, I argue that those same reasons tell against paternalism in public health ethics (...)
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  • Obstetric Autonomy and Informed Consent.Jessica Flanigan - 2016 - Ethical Theory and Moral Practice 19 (1):225-244.
    I argue that public officials and health workers ought to respect and protect women’s rights to make risky choices during childbirth. Women’s rights to make treatment decisions ought to be respected even if their decisions expose their unborn children to unnecessary risks, and even if it is wrong to put unborn children at risk. I first defend a presumption of medical autonomy in the context of childbirth. I then draw on women’s birth stories to show that women’s medical autonomy is (...)
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  • Informed consent in the ethics of responsibility as stated by Emmanuel Levinas.Javier Jiménez Benito & Sonia Ester Rodríguez García - 2016 - Medicine, Health Care and Philosophy 19 (3):443-453.
    In this paper we analyze some of the major difficulties of informed consent. We consider insufficient to base IC on the principle of autonomy. We must not forget that the patient may be in a situation of extreme vulnerability and the good doctor should assume a degree of commitment and responsibility with his/her decisions. Our aim is to introduce the ethics of responsibility of Levinas in practice and theory of IC in order to generate a beneficent medical practice in which (...)
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