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I. INTRODUCTION The philosophical principle of individual autonomy, or personal self-determination, lies at the fondness of modern American bioethics.1 This ethical precept has been transformed slowly merely steadily in the United States into the enforceable legal philosophy of informed consent, reflecting the phenomenon that [t]he law is societys mechanism for establishing boundaries for conduct.2 As interpreted and applied by a panoply of courts,3 legislatures,4 administrative agencies,5 and professional organizations,6 this doctrine requires health care providers to obtain a patients (or a surrogates, in the situation of a decisionally incapable patient)7 voluntary, competent, and informed consent prior to carrying out a clinical intervention involving that patient.8 ratifiedly effectual informed consent is mandated in the clinical sphere for diagnostic and * Garwin Distinguished Professor of Law and Medicine, Southern Illinois University Schools of Law and Medicine. Professor Kapp is the editor of the Journal of Legal Medicine. This article originally appeared at 2 J. health & BIOMED. L. 1 (2006) and is published here with the permission of Suffolk University Law School. 1 train, e.g.

, JERRYMENIKOFF, LAW AND BIOETHICS 356 (2001) (referring to patient autonomy as that leading principle in the philosophers world of bioethics). 2 See Lois Snyder & Cathy Leffler, Ethics manual of arms: Fifth ed., 142 ANNALS INTERN. MED. 560, 574 (2005). 3 See infra notes 3339. 4 See IOWA CODE § 147.137 (2005); VT. STAT. ANN. tit. 18 § 1852 (2005). 5 See ILL. ADMIN. CODE tit. 77, § 205.610 (d) (2004) (requiring informed consent for ambulatory surgical procedures). 6 See, e.g., Snyder & Leffler, to a higher place note 2, at 56364. 7 See generally Charles P. Sabatino, The Legal and Functional Status of the Medical Proxy: Suggestions for Statutory Reform, 27 J.L. MED. & ETHICS 52 (1999) (regarding surrogate consent). 8 See THEODORE R. LEBLANG ET AL., communicate Consent to Medical and... If you want to get a blanket(a) essay, order it on our website: Orderessay

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