| Abstrakt: |
In this paper, we examine (1) the basic concepts of consent and informed consent; (2) the two dominant standards of consent and informed consent, the professional standard and the reasonable person in the patient’s position standard; and (3) the “reasonable person in the patient’s position standard” as articulated by Judge Spottswood Robinson in the landmark 1972 U.S. federal court case heard in the District of Columbia, Canterbury v. Spence, and how Judge Robinson’s formulation of this standard has now been adopted by the Supreme Court of Canada (1980), the High Court of Australia (1992), and the UK Supreme Court (2015). We also examine the common elements of this “reasonable person in the patient’s standard” as they exist across all four high court opinions and different interpretations of this standard among these high courts. [ABSTRACT FROM AUTHOR] |
