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http://hdl.handle.net/2183/41909 The Conceptual Legal Structure of The Patient’s Right to Informed Consent
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Martínez-Doallo, N. (2022). The Conceptual Legal Structure of The Patient’s Right to Informed Consent. European Journal of Health Law, 30(1), 26-49. https://doi.org/10.1163/15718093-bja10087
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[Abstract] Informed consent has been inconsistently conceptualised as a right, an immunity or even a power in the hands of the patient, which leaves its legal definition as partially indefinite.
From the norms of the CHRB, a legal theory stance and the proposals of celebrated authors—namely, W.N. Hohfeld, H. Kelsen and R. Alexy, I will provide a steady conceptual structure for the subjective legal positions of the parties involved in the healthcare relationship regarding informed consent.
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