The business case for medical informed consent

Article type: Research Article

Authors: Kapp, Marshall B.

Affiliations: Garwin Distinguished Professor of Law and Medicine, Southern Illinois University Schools of Law and Medicine, IL, USA

Note: [] Address for correspondence: Professor M.B. Kapp, 1150 Douglas Drive, Carbondale, IL 62901-6804, USA. E-mail: [email protected].

Abstract: Following a summary of the American legal doctrine of informed consent and its ethical underpinnings and a description of the risk management reasons that health care providers should comply with the legal requirements associated with this doctrine, this article presents a preliminary argument for an additional incentive for such compliance. Specifically, this article enunciates the outline of a business case for informed consent in health care in the United States, urging by analogy to the widely advocated business case for quality and safety in health care that more conscientious adherence to the principles of informed consent will serve the self-interests of health care providers trying to maintain financial viability within an increasingly competitive marketplace for patients.

Keywords: Informed consent, autonomy, malpractice, liability, competition, consumer direction, economics

Journal: International Journal of Risk and Safety in Medicine, vol. 19, no. 1-2, pp. 57-64, 2007