Sovremennye Issledovaniâ Socialʹnyh Problem (Aug 2018)
THE CONSENT OF THE PATIENT IN THE ETHICAL AND LEGAL DISCOURSE IN THE EARLY 20th CENTURY IN RUSSIA
Abstract
Purpose. Through the retrospective prism of the discussions arisen in the early XX century among doctors and jurists concerning the estimation of medical activities of doctors the author sets as the purpose to track the sources of formation of the practice of the informed consent, to find out the possible reasons for the problems of the legitimacy of doctors’ actions relevant to the modern health care system in the process of interaction with patients, ethical and legal responsibilities of doctors for the consequences of medical manipulations, protection of interests of both the doctors and the patients. Methodology. The research is based on the comparative-historical method with involvement of such general scientific methods as the analysis and synthesis. Results. Аs a result of the carried-out analysis of various viewpoints aired by the outstanding doctors and jurists of the early 20th century it was ascertained that the first attempts of justification of the necessity of the patient’s consent in the process of health care delivery were made by doctors only in the contexts of medical ethics, at the same time in legal community in connection with the expansive growth of court proceedings for doctors there was a need for a legal estimation of medical activities, but the lack of sufficient experience didn’t allow to qualify itcorrectly. The author supposes that the overcoming of the existing obstacles to the constructive discussion of dilemmas around the patient’s consent goes back to the beginning of establishment of ethical and legal dialogue. Practical implications/ The received results can find application in the discussion of modern issues of ethical and legal regulation of obtaining the patient’s informed voluntary consent for medical intervention and also in Bioethics and Jurisprudencecourses.
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