Medical Treatment and Human Experimentation: Introducing Illegality, Fraud, Duress and Incapacity to the Doctrine of Informed Consent.

Foster, Constance B.

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ERIC Number: EJ126172

Record Type: Journal

Publication Date: 1975

Pages: N/A

Abstractor: N/A

ISBN: N/A

ISSN: N/A

EISSN: N/A

Medical Treatment and Human Experimentation: Introducing Illegality, Fraud, Duress and Incapacity to the Doctrine of Informed Consent

Foster, Constance B.

Rutgers-Camden Law Journal, 6, 3, 538-64, Win 75

The court held in Kaimowitz v. Department of Mental Health that "involuntarily detained mental patients cannot give informed and adequate consent to experimental psychosurgical procedures on the brain." This note argues that the present theory of informed consent is inadequate for such cases and proposes a new theory. (JT)

Descriptors: Court Litigation, Experiments, Legal Responsibility, Medical Services, Mental Disorders, Patients, State Government, State Programs, Surgery

Publication Type: N/A

Education Level: N/A

Audience: N/A

Language: N/A

Sponsor: N/A

Authoring Institution: N/A

Grant or Contract Numbers: N/A

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