Logical ReasoningDifficulty: Medium

PT122 S1 Q24 Explanation

Ethicist: In general it is wrong

A free, expert breakdown of this official LSAT Logical Reasoning question.

TopicsNecessary Assumption

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Stimulus

Ethicist: In general it is wrong to use medical treatments and procedures of an experimental nature without the patient’s consent, because the patient has a right to reject or accept a treatment on the basis of full information about all the available options. But knowledge of the best treatment for emergency conditions in medical emergencies. So some restricted nonconsensual medical research should be allowed.

What this question is testing

Necessary Assumption

Your task

Find the assumption the argument requires in order for its conclusion to hold.

Common trap

Answers that would help the argument but aren't strictly required (sufficient, not necessary).

Winning move

Negate each choice — the right one breaks the argument when negated.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
24.

Which one of the following is an assumption required by the

Answer choices

  1. Too Strong: often2% picked this

    Doctors often do not know what is best for their own patients

    Our author doesn't have to think that doctors are often confused about what would be best. If they're only occasionally confused, and they want to consider an experimental treatment, and they would need to occasionally bypass consent in order to figure out whether this experimental treatment is better, then our author can still make the same argument.

  2. Out of Scope Relationship6% picked this

    If patients knew that experimental treatments were being used in medical emergencies, it could adversely affect the

    The author is never discussing any causal connection between patients' awareness of an experimental treatment with the integrity of the research. She wasn't saying we should sometimes bypass consent because we need the patients to be knocked out, so that they're not aware of the experimental treatment. She was presumably saying, an unconscious or barely conscious person arrives in the emergency room, and we'd like to try an experimental treatment but it's impossible, in their state, to get their consent.

  3. Too Strong: only if / highly likely8% picked this

    Nonconsensual medical research should be allowed only if the research is highly likely to yield results that

    The author hasn't committed to this stringent a standard. She does sound like she wants to be conservative about allowing nonconsensual research, but the might be willing to allow it in circumstances in which it's just likely (not highly likely) to yield results that would benefit the patient. Honestly, what she cares more about is that it would be highly likely to provide knowledge of the best treatment (which might actually come from us learning that "whoops, this experimental treatment is not the best. It did not benefit that patient.")

  4. Too Strong5% picked this

    In cases where the best treatment option is unknown, a patient ceases to have the right to know the

    Too Strong: ceases to have the right The author has definitely not committed to this harsh rule of thumb: any time we don't know the best treatment, the patient has no right to know the treatment plan and the alternatives. The author's conclusion only commits her to thinking, in at least some cases, we will supersede the patient's right to know the treatment plan and alternatives.

  5. Correct80% picked this

    The right of patients to informed consent is outweighed in at least some medical emergencies by the possible benefits of

    Why this is right

    This just reflects the balancing of competing interests that the author is making. She is Weighing Tradeoffs: on the one hand, the patient has a right to consent; on the other hand, we need to try experimental treatments on unconscious emergency room patients w/o their consent. If she thinks that we should sometimes do the experimental treatments, then she must be assuming that sometimes the 2nd thing outweighs the 1st thing.

    Skill tested: Necessary Assumption · how this choice captures the argument's function is the move to repeat next time.

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