title: Nudging and informed consent.
abstract: Libertarian paternalism's notion of "nudging" refers to steering individual decision making so as to make choosers better off without breaching their free choice. If successful, this may offer an ideal synthesis between the duty to respect patient autonomy and that of beneficence, which at times favors paternalistic influence. A growing body of literature attempts to assess the merits of nudging in health care. However, this literature deals almost exclusively with health policy, while the question of the potential benefit of nudging for the practice of informed consent has escaped systematic analysis. This article focuses on this question. While it concedes that nudging could amount to improper exploitation of cognitive weaknesses, it defends the practice of nudging in a wide range of other conditions. The conclusion is that, when ethically legitimate, nudging offers an important new paradigm for informed consent, with a special potential to overcome the classical dilemma between paternalistic beneficence and respect for autonomy.
authors: Department of Philosophy, Ben-Gurion University, Be'er-Sheva, Israel. shlomco@mail.huji.ac.il
authors: Shlomo
authors: S
authors: Cohen
mesh_terms: D026686:Beneficence; D002755:Choice Behavior / Q000941:ethics*; D003068:Coercion; D003142:Communication; D032882:Comprehension; D003657:Decision Making / Q000941:ethics; D026689:Ethical Analysis; D028663:Ethical Theory; D005610:Freedom; D006801:Humans; D007258:Informed Consent / Q000941:ethics*; D026706:Paternalism / Q000941:ethics; D026684:Personal Autonomy; D010565:Persuasive Communication; D010817:Physician-Patient Relations; D014342:Truth Disclosure / Q000941:ethics