
By MICHAEL MILLENSON
It took 129 years for the inalienable rights proclaimed in America’s Declaration of Independence to apply to the rights of patients in relationship to their doctors.
In 1905, an Illinois appellate court ruled in favor of a woman who’d sued her surgeon for performing a hysterectomy without disclosing in advance what procedure he was doing. The court declared in what became one of the foundational principles of informed consent that “under a free government,” all citizens had the right to know what a doctor planned to do to their body before he did it, no matter how “skillful or eminent” the physician.
Today, in the era of artificial intelligence chatbots and data democratization, the lessons of America’s 1776 political revolution continue to be reflected in the push for patient rights.
The most important lesson pertains to power. The American colonists learned from hard experience that those holding power rarely concede it voluntarily. Similarly, every advance in information sharing with patients can be linked to sustained economic or legal pressure.
Just as the British genuinely believed they practiced “benign colonialism,” the surgeon who performed a hysterectomy on 40-year Parmelia Davis to treat her epilepsy not only believed deceiving her was necessary for her health, but might also have cited as support the American Medical Association’s Code of Medical Ethics. Patients, the code then declared, should not allow their own ”crude opinions” to obstruct “prompt” obedience to the doctor.
Although that admonition was subsequently axed, patient rights remained minimal for decades.
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A diversion into the world of high fashion in this week’s post… It’s an area that everyone who knows me would admit I know nothing about. Nevertheless, here we go…

