Money matters: a critique of ‘informed financial consent’

Sara A Attinger, Ian Kerridge, Cameron Stewart, Isabel Karpin, Siun Gallagher, Robert J Norman and Wendy Lipworth

Medical Law Review, 2024, vol. 32, issue 3, 356-372

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.

Keywords: Consumers; Costs conversations; Disclosure; Financial transparency; Informed consent; Informed financial consent (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:oup:medlaw:v:32:y:2024:i:3:p:356-372.

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