Ethics of the fiduciary relationship between patient and physician: the case of informed consent.
J Med Ethics
; 2022 Dec 23.
Article
en En
| MEDLINE
| ID: mdl-36564172
ABSTRACT
This paper serves two purposes:
first, the proposition of an ethical fiduciary theory that substantiates the often-cited assertion that the patient-physician relationship is fiduciary in nature; and second, the application of this theory to the case of informed consent. Patients' decision-making preferences vary significantly. While some seek fully autonomous decision-making, others prefer to delegate parts of their decision. Therefore, we propose an ethical fiduciary theory that allows physician and patient to jointly determine the physician's role on a spectrum from fiduciary as advisor to fiduciary as agent. Drawing on legal concepts of the fiduciary relationship and on phenomenological accounts of obligation by Lévinas and Løgstrup, our theory relies on the key attributes of trust, vulnerability and otherness. Finally, practical implications of this theory for the informed consent process are developed we propose a preassessment of patients' risk and value profiles as well as a restructuring of the oral consent interview and the written consent materials.
Texto completo:
1
Colección:
01-internacional
Base de datos:
MEDLINE
Contexto en salud:
1_ASSA2030
Problema de salud:
1_recursos_humanos_saude
Tipo de estudio:
Qualitative_research
Aspecto:
Ethics
Idioma:
En
Revista:
J Med Ethics
Año:
2022
Tipo del documento:
Article
País de afiliación:
Alemania