TY - JOUR
T1 - Informed Choice in Alternative Medicine
T2 - Expanding the Doctrine Beyond Conventional Alternative Therapies
AU - Iyioha, Ireh
PY - 2007
Y1 - 2007
N2 - The law of informed choice as presently conceived is dominated by biomedicine. While the law indicates legal and ethical acceptability of "alternative options to medical therapies," it is not obvious that alternative medicine falls within this class. The aim of this paper, therefore, is to analyze the doctrine of informed choice in the light of the evolving paradigm of alternative medicine. The primary focus of the paper goes beyond the possible expansion of the doctrine to accommodate safe and efficacious unconventional / alternative therapies and extends to a determination of the criteria by which physicians are required to judge which alternative therapies are safe and effective. The paper also examines the extent to which patient autonomy or the doctrine of express assumption of risk can shield from liability the dual practitioner who uses alternative therapies alongside conventional medicine. I examine this theme alongside the legal implications when the therapy is outside the physician's professional scope of practice.
AB - The law of informed choice as presently conceived is dominated by biomedicine. While the law indicates legal and ethical acceptability of "alternative options to medical therapies," it is not obvious that alternative medicine falls within this class. The aim of this paper, therefore, is to analyze the doctrine of informed choice in the light of the evolving paradigm of alternative medicine. The primary focus of the paper goes beyond the possible expansion of the doctrine to accommodate safe and efficacious unconventional / alternative therapies and extends to a determination of the criteria by which physicians are required to judge which alternative therapies are safe and effective. The paper also examines the extent to which patient autonomy or the doctrine of express assumption of risk can shield from liability the dual practitioner who uses alternative therapies alongside conventional medicine. I examine this theme alongside the legal implications when the therapy is outside the physician's professional scope of practice.
KW - Informed Choice/Consent
KW - Alternative Medicine
KW - Assumption of Risk
KW - Scope of Practice
KW - Alternative Options to Medical Therapies
UR - https://ssrn.com/abstract=959769
M3 - Article
SN - 0972-785X
VL - 5
JO - ICFAI Journal of Healthcare Law
JF - ICFAI Journal of Healthcare Law
IS - 2
ER -