Geneza świadomej zgody w medycynie krajów anglojęzycznych. Od narkozy do świadomości i od kontraktu do praw

Abstract

Origins of informed consent in medicine in English-speaking countries. From narcosis to consciousness and from contract to rights The text presents the origins of informed consent in medical practice and research, with a special focus on English-speaking countries. The introduction of anesthesia into medical practice resulted in the emergence of a new group of injured patients who operated in the unconscious state, have no control over medical intervention, and complain that they were subjected to procedures to which they did not agree. The second impulse is experimenting involving humans in the 18th and 19th centuries, some cases gain considerable publicity (e.g. infection with pathogens) and led to high-profi le trials in which the argument of patients’ consent to participate in a non-therapeutic experiment appeared. In the case of therapeutic experiments, the principle of the patient’s benefi t prevails over his autonomy. The third factor is a gradual transition from the individual approach of the doctor to the patient, based on virtue ethics, to understanding the relationship between the doctor and the patient in terms of a contract. Then, the transition from the contract to general rights and the formulation of general patient rights.