School of Historical and Philosophical Studies - Theses

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Informed Consent

Cremean, Damien John ( 2011)

Much of modern medicine is founded on the doctrine of informed consent. I argue that doctrine is itself founded on a principle of autonomy. In this thesis I examine the constituent elements of that doctrine and I discuss that principle. The constituent elements of “consent” I argue are competency; intentionality; knowledge; and voluntariness. As to being “informed”, I argue constituent elements include knowing what anyone in my position, generally with my characteristics, facing the prospect of surgery I am facing would reasonably want to know and I argue a number of other constituent elements also must be satisfied, such as my particular needs and requirements. Particularly considering the origins of the doctrine, I argue that the doctrine of informed consent performs an important role in our lives. Centred on a decision of the High Court of Australia (Rogers v Whitaker) I argue that the doctrine enables us to determine who should bear responsibility in the event of surgical mishap. Reaching this conclusion gives us insights into the nature of autonomy and individual decision-making and indeed into the concept of rationality itself.