ERIC Number: EJ126172
Record Type: Journal
Publication Date: 1975
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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)
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