Informed consent comes to Britain
Health Law and Policy, Medical Jurisprudence, Informed consent
Michael Hadskis points out that Halushka was decided prior to the affirmation of the patient-centered disclosure test in 1980, and can thus be situated as a reaction against the existing professional practice standard, which seems indeed even less appropriate in the context of non-therapeutic research on healthy subjects (2011: 471–2). He suggests that it was more important for the court in that context to indicate how the research standard was ‘different.’ It seems indeed logical that research subjects would generally want to engage in a fuller risk assessment in those circumstances. But this more detailed risk assessment would now also fit under the ‘reasonable patient in the same circumstances’ standard, making this simply an application of the same test.
Michael Hadskis & Vaughan Black, “Informed consent comes to Britain” (2015) 44:3 AQ 403.