Book Chapter Details
Mandatory Fields
Mary Donnelly and Jessica Berg
2021 June
Oxford Handbook of Comparative Health Law
Patient Autonomy, Capacity and Consent: Vulnerable Adults
Oxford University Press
New York
Optional Fields
autonomy, capacity, consent, human rights, healthcare, vulnerable adults, adult patients, health
This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.
David Orentlicher and Tamara K. Hervey
DOI: 10.1093/oxfordhb/9780190846756.013.51
Grant Details