Leroy C. Edozien: Self-determination in health care: a property approach to the protection of patients’ rights
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“While the consent model is more of a shield for the doctor than a sword for the patient, the property model may well provide both a shield and a sword for the protection of patient self-determination in medical decision-making” (p. 6)—this is perhaps the main idea of Leroy C. Edozien’s book about the patient’s right to self-determination. With his work, he proposes a new approach to supporting the consent process in health care. And the starting point is the fact that “no matter how much theorising is done about consent, the desired goal of protecting the patient’s right to self-determination will not be achieved if the legal framework for achieving this has no bearing on the attitudes and behaviour of clinicians” (p. 3).
Edozien—a consultant obstetrician and gynecologist that also has a qualification in law—grounds his model in the following four elements: (1) the patient’s fundamental right to self-determination; (2) the patient’s proprietary rights: a right to bodily integrity and...