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Informed consent: how the legal doctrine developed

From Schloendorff (1914) to today: an analysis of the legal development of informed consent and its effect on the doctor-patient relationship.

By Dr. Jorge Orlando Cortés Torres · Published on

This lecture is based on Janet L. Dolgin's paper The legal development of the informed consent doctrine: past and present (Cambridge Quarterly of Healthcare Ethics, 2010).

In short: the so-called "lawyerization of medicine" transformed the doctor-patient relationship by requiring respect for patient autonomy, but it has also produced excesses that can undermine trust.

Where it comes from

Courts usually trace it back to Schloendorff v. The Society of the New York Hospital (1914). The lecture revisits that case, which Mary Schloendorff ultimately lost, and how judges have invoked it since.

The current debate

The author discusses the requirement to disclose provider-specific information. Such a rule would stretch the doctrine beyond its original bounds and could undermine even minimal forms of trust. Controlling these excesses depends on the law not creating rules that weaken trust in the name of autonomy.

Download the full document (PDF, in Spanish)

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