Page 13 - 2.5 Ethics and Legal Dilemma
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Legal Dilemma
Absolute Pure
The right to consent: Is it absolute? What is a definition of pure?
The patient’s right to autonomy should always be respected Not mixed with anything else.
and steps shall be taken to make consent truly informed.
However, no absolute right to consent based on philosophical, As a pure legal issue:
ethical, legal and practical considerations. • Forcing treatment on an unwilling person
v A harmful or offensive touching without permission
What is the legal basis for informed consent? (is battery, battery is a criminal offense, and it can
Valid informed consent must include three major elements: also be the basis of a civil lawsuit.
disclosure of information, competency of the patient (or v The key element is that the touching be
surrogate) to decide, and voluntary nature of the decision. unauthorized, not that it be intended to harm the
person
