Distinctions in Disclosure: Mandated Informed Consent in Abortion and ART. Issue 2 (2015)

• Record Type: Journal Article
• Authors: Daar, Judith
• Is Part Of: Journal of law, medicine & ethics. Volume 43:Issue 2(2015)
• Page Start: 255
• Page End: 258
• Publication Date: 2015
• Subjects: Medical laws and legislation -- United States -- Periodicals; Medical care -- Law and legislation -- United States -- Periodicals; Medical ethics -- Periodicals; Jurisprudence -- Periodicals; Legislation, Medical -- Periodicals; Legislation, Nursing -- Periodicals; Ethics -- Periodicals; Forensic Medicine -- Periodicals; Nursing -- Periodicals; Medicine -- Periodicals; Societies -- Periodicals; Medical care -- Law and legislation; Medical ethics; Medical laws and legislation; United States; Periodicals; 344.73041
• DOI: 10.1111/jlme.12240
• Languages: English
• ISSNs: 1073-1105

Abstract

Abstract : Transparency and disclosure in the health care realm occupy a vital link between the delivery of medical services and patient autonomy. In her article, "Disclosure Two Ways, " Erin Bernstein skillfully explores this link in the context of abortion and assisted conception services, keenly observing the rise in mandatory disclosure laws in both arenas. Her thesis, as I understand it, is that laws that require enhanced disclosure above traditional informed consent thresholds can be understood as neutral tools in the name of patient protection, even — or perhaps especially — when their effect is to persuade a patient to forego the requested treatment. She combats the critique that pre-abortion required disclosures are sui generis, arguing against their uniqueness by analyzing them alongside a swell of mandated disclosure laws in the assisted reproductive technologies (ART) context.