Social and Behavioral Sciences Commons^™

Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall

Publications and Research

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an …

Testing The Waters: An Investigation Of The Impact Of Hot Tubbing On Experts From Referral Through Testimony, Jennifer T. Perillo, Anthony D. Perillo, Nikoleta Despodova, Margaret Bull Kovera

Publications and Research

Objective: The present research examined whether concurrent expert testimony (“hot tubbing”) and court appointed testimony reduced adversarial allegiance in clinical experts’ judgments compared with traditional adversarial expert testimony. Hypotheses: We predicted Hypothesis 1: Defense experts would render more not responsible judgments and lower ratings of criminal responsibility than would prosecution experts; Hypothesis 2: Adversarial allegiance effects on experts’ judgments would be heightened for adversarial experts and attenuated for concurrent experts over time; Hypothesis 3: Adversarial and concurrent experts would report higher dissonance than would court-appointed experts and adversarial experts’ ratings would increase over time, concurrent experts’ ratings would decrease, and …