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Refusal of medical care: The strengths and weaknesses of giving consent

Abstract : The act of giving consent plays a primordial role in the delivery of care as per-ceived from a clinical, legal or ethical standpoint. Recourse to psychiatric care measures theeffects even though psychiatry is not the only discipline concerned. Nevertheless, can it besaid that the concept of consent truly achieves its supposed ambitions? The notion of refusingcare sheds light on these varying problems. Indeed, refusing care is not simply an obstacle toreceiving care: what value can be granted to giving consent if it is not possible to negotiatethe issue, or if refusing care is not a viable option? This perspective enables giving the preciseimmanent characteristics for consent. It also highlights certain misrepresentations concerningconsent, together with types of almost formal constraint that are seen in cases of false consent,consent given by force, and disagreements that are not expressed directly or misinterpreted.It is through a critical perspective that the weaknesses and limits to the notion of consent willbe considered. It is also the reason why we resort to this at the very moment when refusal ofcare occurs. Maybe this moment should not be considered as negative, and it does help in for-mulating a limited and pertinent use of the consent. Consenting to care involves a negotiationperiod that relies on a basis of relational dynamics, with a view to obtaining acceptance forcare.
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Submitted on : Monday, November 7, 2016 - 10:11:30 AM
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Pierre Hum, Dominique Boury, Thierry Danel, Lise Demailly, Valériane Dujardin, et al.. Refusal of medical care: The strengths and weaknesses of giving consent. Éthique et Santé, Elsevier, 2015, 12, pp.56 - 63. ⟨10.1016/j.etiqe.2014.09.002⟩. ⟨inserm-01393231⟩

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