Hastings Law Journal


Victor Ali


This Note examines the current ills of the law of informed consent and seeks to address these problems by calling for change on two levels. From a theoretical perspective, informed consent can be improved through closer adherence to a collaborative, autonomyenhancing model of medical decision-making, rather than the current harm-avoidance approach. On a practical level, this Note advocates for changes to the manner in which consent forms are used. Specifically, consent forms should be used as tools to increase patients' understanding of and participation in medical decisions, in contrast to the commonly held view of such forms as waivers of liability. This Note will propose concrete steps that can be taken to achieve these objectives and bring the doctrine of informed consent in line with the ethical ideals it was meant to enact.

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