出版社：University of Maryland Francis King Carey School of Law
摘要：Issues surrounding disclosure of pharmaceutical side effects are
complicated. The literature abounds with pragm atic concerns regarding limited
time or pharmacologic expertise in the clinic, patient nonadherence, and
unintended nocebo effects, as well as philosophical arguments over the limits of
autonomy, importance of shared decision-making, and the legal mandate to
garner informed consent. Yet the actual thoughts and feelings of patients are
largely missing from the literature. To investigate in greater depth and expand
the debate to capture patients’ perspectives, we conducted a national survey
exploring the gap between what patients want to be told about prescription drug
risk and what they are actually told. Results from our research study indicate
that many patients report having been “blind-sided” by previously undisclosed
drug side effects and that a doctor’s failure to warn can result in considerable
harm to both patient health and the doctor-patient relationship. Of real concern
– and heretofore under-emphasized import – is the potential for erosion of the
patient’s trust, which we argue offers a fresh evidentiary rationale to revisit the legal standard for what constitutes adequate patient consent and the importance
of securing it.
