This article examines shared decision-making, a concept that extends beyond
informed consent to safeguard patients’ right to self-determination in medical
decision-making, emphasizing mutuality with patients. After reviewing the
relevant legislation concerning consent, we argue that there are limitations to
using this legislation as a basis for integrating shared decision-making across
various medical domains. We assess the applicability, acceptability, and
consistency of this legislation within the medico-legal system. In particular,
we scrutinize the roles of so-called “participants” in shared decision-making,
the content of shared information, and potential legal liabilities stemming from
deficiencies in this process. Through this examination, we analyze legal
precedents concerning the duty to inform and propose policy adjustments
necessary for the institutionalization of shared decision-making within the
medico-legal framework.