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Liberty for AllReclaiming Individual Privacy in a New Era of Public Morality$
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Elizabeth Price Foley

Print publication date: 2006

Print ISBN-13: 9780300109832

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300109832.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 23 June 2021

Medical Care

Medical Care

(p.151) Chapter 7 Medical Care
Liberty for All

Elizabeth Price Foley

Yale University Press

One of the fundamental facets of residual individual sovereignty is bodily autonomy, or sovereignty over one's own body, which took root in cases that considered the imposition of unwanted medical treatment as criminal battery or homicide. This gave rise to a distinct negligence tort in which medical care is provided despite the absence of the patient's fully informed consent. The informed consent doctrine has recently focused more on patient autonomy than beneficence. The notion of patient autonomy to make informed medical decisions is related to the concomitant autonomy to refuse recommended medical treatment once so informed. This chapter examines law and governmental power in relation to medical care, informed consent, forbidden treatments, liberty to refuse treatment, physician-assisted suicide, and euthanasia.

Keywords:   residual individual sovereignty, bodily autonomy, medical treatment, informed consent, patient autonomy, law, governmental power, medical care, physician-assisted suicide, euthanasia

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