Journal of Contemporary Health Law & Policy (1985-2015) Volume 24 Issue 2 Article 2 2008 Bleedings, Purges, and Vomits: Dr. Benjamin Rush's Republican Medicine, the Bilious Remitting Yellow-Fever Epidemic of 1793, and the Non-Origin of the Law of Informed Consent Randall Baldwin Clark Follow this and additional works at: https://scholarship.law.edu/jchlp Recommended Citation Randall B. Clark, Bleedings, Purges, and Vomits: Dr. Benjamin Rush's Republican Medicine, the Bilious Remitting Yellow-Fever Epidemic of 1793, and the Non-Origin of the Law of Informed Consent, 24 J. Contemp. Health L. & Pol'y 209 (2008). Available at: https://scholarship.law.edu/jchlp/vol24/iss2/2 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Journal of Contemporary Health Law & Policy (1985-2015) by an authorized editor of CUA Law Scholarship Repository. For more information, please contact
[email protected]. BLEEDINGS, PURGES, AND VOMITS: DR. BENJAMIN RUSH'S REPUBLICAN MEDICINE, THE BILIOUS REMITTING YELLOW-FEVER EPIDEMIC OF 1793, AND THE NON-ORIGIN OF THE LAW OF INFORMED CONSENT Randall Baldwin Clark, Ph.D. * ABSTRACT To the consternation of many physicians, the modem law of informed consent imposes certain constraints on their actions, not least that they respect patients' decisions to redefine at will the scope of care. The consequences of this transfer of power are often a nuisance and occasionally fatal, but always a reflection of democracy's leveling march: Physicians now take orders rather than give them. However frustrating the modem preference for process over result might be, we should ask ourselves-before condemning the law's evolution-about the consequences for patients' health of a more radically democratic practice of medicine.