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39 U. Pitt. L. Rev. 137 (1977-1978)
Informed Consent - A Fairy Tale - Law's Vision

handle is hein.journals/upitt39 and id is 147 raw text is: LA IRVIITY I1, A I EAIT HI 3W VOLUME 39 WINTER 1977 NUMBER 2 INFORMED CONSENT-A FAIRY TALE? LAW'S VISION Jay Katz* This article is a substantially revised and expanded version of the first Isaac Ray Lecture delivered by Dr. Katz at the University of Pittsburgh School of Law on February 16, 1977. The 1975 Isaac Ray Award was presented to Dr. Katz by the American Psychiatric Association for his outstanding contribu- tions to forensic psychiatry. A.similarly expanded version of Dr. Katz's sec- ond Isaac Ray Lecture, Medicine's Vision, will appear in a subsequent issue.-The Editors. I. INTRODUCTION Fairy tales are so appealing because ultimately they reduce complex human encounters to enchanting simplicity. In listening to them we suspend judgment and believe that once upon a time it was, and maybe even today it is, possible to utter magic words or perform magic deeds which transform frogs into princes or punish greedy fishermen's wives. The phrase informed consent evokes the same magic expectations. Its protagonists often convey that once kissed by the doctrine, frog-patients will become autonomous princes. Its antagonists warn that all the gold of good medical care which physi- cians now so magnanimously bestow on patients will turn to worth- less metal if the curse of informed consent were to remain with us. In listening to people talk about informed consent, I have been * Professor (Adjunct) of Law and Psychiatry, Yale Law School. The author wishes to express his appreciation for the thoughtful research and editorial assistance which Robert Carter, a graduate of the Yale Law School, provided throughout the revision of the manu- script. The author is indebted to his colleagues Bruce Ackerman, Ralph Brown, Robert Burt, Owen Fiss, Abraham Goldstein and Arthur Leff for their critical comments. The financial support of The Kayden Foundation is also gratefully acknowledged.

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