Title

The therapeutic misconception and our models of competency and informed consent

UMMS Affiliation

Department of Psychiatry

Publication Date

2006-08-03

Document Type

Article

Subjects

Bioethics; Humans; Informed Consent; Mental Competency; Personal Autonomy; United States

Disciplines

Health Services Research | Mental and Social Health | Psychiatric and Mental Health | Psychiatry | Psychiatry and Psychology

Abstract

The doctrine of informed consent rests on empirical claims. This is true particularly of what commentators have characterized as the "strong" model of informed consent. This model assumes that if adequate information is given to a competent individual, understanding will result and, permitted to make a voluntary decision, the individual will make a rational decision. However, the "therapeutic misconception" posits that individuals may confuse the goals of research with those of treatment and may make decisions that do not rest on adequate understanding. This article reviews research suggesting that this may in fact be true, and concludes that, as a result, traditional notions of informed consent may not yield results consistent with the assumptions on which the doctrine of informed consent rests.

DOI of Published Version

10.1002/bsl.700

Source

Behav Sci Law. 2006;24(4):535-46. Link to article on publisher's site

Journal/Book/Conference Title

Behavioral sciences and the law

Related Resources

Link to Article in PubMed

PubMed ID

16883621

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