W&L Law’s MacDonnell Publishes Article in Villanova Law Review Prof. Tim MacDonnell published "Making An Offer That Can’t Be Refused: The Need For Reform In The Rules Governing Informed Consent And Doctor-Patient Agreements."

By Law Communications
October 20, 2022

Washington and Lee law professor Tim MacDonnell has published an article in the Villanova Law Review. The article, “Making An Offer That Can’t Be Refused: The Need For Reform In The Rules Governing Informed Consent And Doctor-Patient Agreements,” examines substituted caregiver terms within informed consent agreements and how those provisions are harmful to the doctor-patient relationship.

“The doctrine of informed consent is intended to aid and empower patients when making healthcare decisions, not benefit doctors and hospitals. The practice described above, requiring patients to sign consent forms that benefit doctors or hospitals, is contrary to various doctrines associated with contract law, fiduciary duties, and medical ethics.

“It can be argued that substituted caregiver terms serve important societal interests. When viewed in the best light, substituted caregiver terms allow doctors, hospitals, and medical schools to train the next generation of doctors. When viewed from a different perspective, the terms benefit doctors and hospitals because the terms allow doctors and hospitals to make more money,” writes MacDonnell.

The article is available online at the Villanova Law Review website.

If you know any W&L faculty who would be great profile subjects, tell us about them! Nominate them for a web profile.