Informed Choice in Alternative Medicine: Expanding the Doctrine Beyond Conventional Alternative Therapies

Research output: Article

Abstract

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.
Original languageEnglish
JournalICFAI Journal of Healthcare Law
Volume5
Issue number2
Publication statusPublished - 2007

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