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Sunday, October 8, 2017

Consents ▶ Canswers


In this archive, an AMAZON clip will examine the doctrines of consent and informed consent pre- and post- a landmark federal decision in informed consent in the United State: Judge Spottswood Robinson's articulation of the doctrine of informed consent in the landmark U.S. federal decision, Canterbury v. Spence heard in the District of Columbia in 1972.

In his written opinion in this decision, Judge Robinson grounded the doctrine of informed consent in the judge-made law of informed consent on the standard of what a reasonable person in the patient's position would want to have in terms of information in informed consent in the U.S. This standard, articulated by Judge Robinson in his written opinion in Canterbury v. Spence has had major impacts in the high courts of three countries: the United Kingdom, Canada, and Australia, all of which have adopted the reasonable person in the patient's position standard of consent (in the U.K. and Australia) and informed consent (in above half the states in the U.S. and Canada).

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