Money matters: a critique of 'informed financial consent'.

Attinger, SA; Kerridge, I; Stewart, C; Karpin, I; Gallagher, S; Norman, RJ; Lipworth, W

Money matters: a critique of 'informed financial consent'.

Attinger, SA Kerridge, I Stewart, C Karpin, I

Gallagher, S Norman, RJ Lipworth, W

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Publisher:: Oxford University Press (OUP)
Publication Type:: Journal Article
Citation:: Med Law Rev, 2024, 32, (3), pp. 356-372
Issue Date:: 2024-08-01

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Field	Value	Language
dc.contributor.author	Attinger, SA
dc.contributor.author	Kerridge, I
dc.contributor.author	Stewart, C
dc.contributor.author	Karpin, I https://orcid.org/0000-0001-9326-3421
dc.contributor.author	Gallagher, S
dc.contributor.author	Norman, RJ
dc.contributor.author	Lipworth, W
dc.date.accessioned	2024-10-09T01:17:37Z
dc.date.available	2024-10-09T01:17:37Z
dc.date.issued	2024-08-01
dc.identifier.citation	Med Law Rev, 2024, 32, (3), pp. 356-372
dc.identifier.issn	0967-0742
dc.identifier.issn	1464-3790
dc.identifier.uri	http://hdl.handle.net/10453/181300
dc.description.abstract	In recent years, concerns about the financial burdens of health care and growing recognition of the relevance of cost to decision making and patient experience have increasingly focused attention on financial 'transparency' and disclosure of costs to patients. In some jurisdictions, there have been calls not only for timely disclosure of costs information, but also for 'informed financial consent'. However, simply putting the 'financial' into 'informed consent' and invoking an informed consent standard for cost information encounters several ethical, legal, and practical difficulties. This article will examine the viability and desirability of 'informed financial consent', and whether it is possible to derive ideas from traditional informed consent that may improve decision making and the patient experience. We argue that, while there are important legal, ethical, and practical challenges to consider, some of the principles of informed consent to treatment can usefully guide financial communication. We also argue that, while medical practitioners (and their delegates) have an important role to play in bridging the gap between disclosure and enabling informed (financial) decision making, this must be part of a multi-faceted approach to financial communication that acknowledges the influence of non-clinical providers and other structural forces on discharging such obligations.
dc.format	Print
dc.language	eng
dc.publisher	Oxford University Press (OUP)
dc.relation.ispartof	Med Law Rev
dc.relation.isbasedon	10.1093/medlaw/fwae015
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1801 Law
dc.subject.classification	Law
dc.subject.classification	4804 Law in context
dc.subject.classification	5001 Applied ethics
dc.subject.mesh	Informed Consent
dc.subject.mesh	Humans
dc.subject.mesh	Disclosure
dc.subject.mesh	Decision Making
dc.subject.mesh	Health Care Costs
dc.subject.mesh	Humans
dc.subject.mesh	Disclosure
dc.subject.mesh	Decision Making
dc.subject.mesh	Informed Consent
dc.subject.mesh	Health Care Costs
dc.subject.mesh	Informed Consent
dc.subject.mesh	Humans
dc.subject.mesh	Disclosure
dc.subject.mesh	Decision Making
dc.subject.mesh	Health Care Costs
dc.title	Money matters: a critique of 'informed financial consent'.
dc.type	Journal Article
utslib.citation.volume	32
utslib.location.activity	England
utslib.for	1801 Law
pubs.organisational-group	University of Technology Sydney
pubs.organisational-group	University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
dc.rights.license	This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0). To view a copy of this license, visit https://creativecommons.org/licenses/by/4.0/
dc.date.updated	2024-10-09T01:17:34Z
pubs.issue	3
pubs.publication-status	Published
pubs.volume	32
utslib.citation.issue	3

Abstract:

In recent years, concerns about the financial burdens of health care and growing recognition of the relevance of cost to decision making and patient experience have increasingly focused attention on financial 'transparency' and disclosure of costs to patients. In some jurisdictions, there have been calls not only for timely disclosure of costs information, but also for 'informed financial consent'. However, simply putting the 'financial' into 'informed consent' and invoking an informed consent standard for cost information encounters several ethical, legal, and practical difficulties. This article will examine the viability and desirability of 'informed financial consent', and whether it is possible to derive ideas from traditional informed consent that may improve decision making and the patient experience. We argue that, while there are important legal, ethical, and practical challenges to consider, some of the principles of informed consent to treatment can usefully guide financial communication. We also argue that, while medical practitioners (and their delegates) have an important role to play in bridging the gap between disclosure and enabling informed (financial) decision making, this must be part of a multi-faceted approach to financial communication that acknowledges the influence of non-clinical providers and other structural forces on discharging such obligations.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/181300