Informed consent in Texas: theory and practice

The Journal of Medicine and Philosophy
Mark J Cherry, H Tristram Engelhardt

Abstract

The legal basis of informed consent in Texas may on first examination suggest an unqualified affirmation of persons as the source of authority over themselves. This view of individuals in the practice of informed consent tends to present persons outside of any social context in general and outside of their families in particular. The actual functioning of law and medical practice in Texas, however, is far more complex. This study begins with a brief overview of the roots of Texas law and public policy regarding informed consent. This surface account is then contrasted with examples drawn from the actual functioning of Texas law: Texas legislation regarding out-of-hospital do-not-resuscitate (DNR) orders. As a default approach to medical decision-making when patients lose decisional capacity and have failed to appoint a formal proxy or establish their wishes, this law establishes a defeasible presumption in favor of what the law characterizes as "qualified relatives" who can function as decision-makers for those terminal family members who lose decisional capacity. The study shows how, in the face of a general affirmation of the autonomy of individuals as if they were morally and socially isolated agents, space is nevertheless m...Continue Reading

Citations

Aug 30, 2008·The Annals of Thoracic Surgery·Carolyn DreslerRobert M Sade
Apr 24, 2009·The Journal of Medicine and Philosophy·Mark J Cherry
Sep 22, 2010·The Journal of Medicine and Philosophy·Xiaoyang Chen, Ruiping Fan
Nov 28, 2012·The Journal of Medicine and Philosophy·Mark J Cherry
Dec 27, 2005·The Pediatric Infectious Disease Journal·James D Cherry
Jul 18, 2015·The Journal of Medicine and Philosophy·Mark J Cherry, Ruiping Fan
Jul 31, 2016·The Journal of Medicine and Philosophy·John Skalko, Mark J Cherry
Mar 14, 2017·Disability and Rehabilitation·Anat Zaidman-ZaitEliana Haddad
Aug 2, 2020·HEC Forum : an Interdisciplinary Journal on Hospitals' Ethical and Legal Issues·Mark J Cherry
Jul 30, 2018·Theoretical Medicine and Bioethics·Neil Levy
Mar 31, 2020·HEC Forum : an Interdisciplinary Journal on Hospitals' Ethical and Legal Issues·Jason Chen
May 23, 2008·Cambridge Quarterly of Healthcare Ethics : CQ : the International Journal of Healthcare Ethics Committees·Ruiping Fan
Nov 26, 2010·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Mark J Cherry
Jan 17, 2019·The Journal of Medicine and Philosophy·James Stacey Taylor
Jun 1, 2016·HEC Forum : an Interdisciplinary Journal on Hospitals' Ethical and Legal Issues·Ryan R Nash, Courtney E Thiele

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