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Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making

Cave, Emma

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Authors



Abstract

Professional control in the selection of treatment or investigatory options for patients is changing. In light of social and legal developments emphasising patient choice and autonomy, and restricting medical paternalism and judicial deference, this article examines how far patients and families can demand NHS treatment in England and Wales. It considers situations where the patient is an adult with capacity, an adult lacking capacity and a child. In all three cases, there is judicial support for professional autonomy, but there are also inconsistencies that have potential to elevate the importance of patient and family preferences. In combination, they may be perceived by healthcare professionals as an obligation to follow patient preferences, even where doing so conflicts with other professional obligations. It is argued that a more nuanced approach to shared decision-making could help clarify the boundaries of decision-making responsibility.

Citation

Cave, E. (2020). Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making. Health Care Analysis, 28, 4-24. https://doi.org/10.1007/s10728-019-00384-8

Journal Article Type Article
Acceptance Date Aug 29, 2019
Online Publication Date Sep 21, 2019
Publication Date 2020
Deposit Date Sep 2, 2019
Publicly Available Date Sep 25, 2019
Journal Health Care Analysis
Print ISSN 1065-3058
Electronic ISSN 1573-3394
Publisher Springer
Peer Reviewed Peer Reviewed
Volume 28
Pages 4-24
DOI https://doi.org/10.1007/s10728-019-00384-8

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http://creativecommons.org/licenses/by/4.0/

Copyright Statement
Advance online version This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution,
and reproduction in any medium, provided you give appropriate credit to the original author(s) and the
source, provide a link to the Creative Commons license, and indicate if changes were made.







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