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Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. [1] [2] Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse. [3]
'Free consent' is a cognate term in the International Covenant on Civil and Political Rights, adopted in 1966 by the United Nations, and intended to be in force by 23 March 1976. Article 7 of the covenant prohibits experiments conducted without the "free consent to medical or scientific experimentation" of the subject. [4]
Refusal of Medical Assistance (RMA) is guided by the principle of informed consent, meaning patients must fully understand what they are refusing and the potential consequences of their decision. This ensures that only those capable of making informed decisions—mentally competent individuals—can refuse treatment.
Paul Ricœur distinguishes two forms of self, the idem, a short term experience of the self, and the ipse, a longer term persistent experience of the self. In mental illness, the autonomy of the ipse can be undermined by the autonomy of the idem, so involuntary mental health treatment can trade one form of autonomy for another. [65]: 90
Congress passed EMTALA to eliminate the practice of "patient dumping"—that is, refusal to treat people because of inability to pay or insufficient insurance or transferring or discharging emergency patients on the basis of high anticipated diagnosis and treatment costs. The law applies when an individual seeks treatment for a medical ...
The resulting consent is shaped in a neoliberal form of contractualism which makes a withdrawal of consent or a change in the conditions of the activity at stake rather challenging. This form of consent as a contract is assuming consent to happen between two (or more) individual and rational actors and it does not give room to forms of ...
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