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J Med Ethics 2009;35:176-179 doi:10.1136/jme.2008.026401
  • Law, ethics and medicine

Consent and informational responsibility

  1. S D Pattinson
  1. Dr Shaun D Pattinson, Durham University, Durham Law School, 29–30 Old Elvet, Durham DH1 3HN, UK; s.d.pattinson{at}durham.ac.uk
  • Received 16 June 2008
  • Revised 30 September 2008
  • Accepted 15 October 2008

Abstract

The notion of “consent” is frequently referred to as “informed consent” to emphasise the informational component of a valid consent. This article considers aspects of that informational component. One misuse of the language of informed consent is highlighted. Attention is then directed to some features of the situation in which consent would not have been offered had certain information been disclosed. It is argued that whether or not such consent is treated as sufficiently informed must, from a moral point of view, take account of four conditions. When these are applied to the operation of consent in relation to criminal responsibility for HIV transmission, the approach in some recent cases is shown to be morally questionable.

Footnotes

  • Competing interests: None.

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