Relevant bibliographies by topics / Informed consent (Medical law) Patients

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  2. Dissertations / Theses
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Academic literature on the topic 'Informed consent (Medical law) Patients'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Informed consent (Medical law) Patients"

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Ormrod, Roger. "Therapy, Battery and Informed Consent." Bulletin of the Royal College of Psychiatrists 11, no. 6 (1987): 185–86. http://dx.doi.org/10.1192/pb.11.6.185.

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In its present state the law has little to contribute towards the solution of the problems arising from the medical treatment of mentally incapable, but informal patients. This is because there are no relevant rules; there is no legislation governing the situation because Parliament has not acted; and there are no Common (i.e. judge-made) Law rules because these problems have never come before a judge for decision.
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Adriana Pakendek, Adriana Pakendek. "INFORMED CONSENT DALAM PELAYANAN KESEHATAN." AL-IHKAM: Jurnal Hukum & Pranata Sosial 5, no. 2 (2012): 309–18. http://dx.doi.org/10.19105/al-lhkam.v5i2.296.

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Abstract: It is a must to apply the informed consent in public health service, particularly in a hosptal. As a matter of fact, some medical patients or the representative does not comprehend the term informed consent due to the ineffective communication between the patient and physician. Whereas, a doctor should have a legal informed consent to execute medical action from the patient, otherwise she/he would experience a question of law; private and punitive law as well as indisciplinary punishment. A petient is able to deny an informed consent, yet it is identified as an informed refusal. Howe
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Eutheriana, Raden Roro Anja. "INFORMED CONSENT AS A LEGAL PROTECTION FOR PATIENTS." Dentika Dental Journal 19, no. 2 (2016): 168–73. http://dx.doi.org/10.32734/dentika.v19i2.461.

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Informed consent is a communication process between doctors and patients pertaining an agreement about medical treatments performed by doctors to their patients then continued by signing informed consent form. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care. The most important goal of informed consent is that the patient has an opportunity to be an informed participant in his health care decisions. Informed consent usually also protects doctor from liability (w
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Ezeuko, Mabel Ijeoma. "Nigerian laws on informed consent before a surgical procedure." Medico-Legal Journal 87, no. 4 (2019): 185–87. http://dx.doi.org/10.1177/0025817219868098.

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Informed consent is a process of communication between a clinician and a patient, which results in the patient's agreement to undergo a medical procedure. Rule 19 Part A: Code of Medical Ethics of Nigeria and Section 23 of the National Health Act 2004 prescribe the process of obtaining consent before a medical intervention. The equitable law of torts and/or criminal liabilities that deal with medical negligence should be invoked more often by patients whose right to informed consent is denied by medical practitioners.
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Goodwin, Michele. "Vulnerable Subjects: Why Does Informed Consent Matter?" Journal of Law, Medicine & Ethics 44, no. 3 (2016): 371–80. http://dx.doi.org/10.1177/1073110516667935.

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This special issue of the Journal Law, Medicine & Ethics takes up the concern of informed consent, particularly in times of controversy. The dominant moral dilemmas that frame traditional bioethical concerns address medical experimentation on vulnerable subjects; physicians assisting their patients in suicide or euthanasia; scarce resource allocation and medical futility; human trials to develop drugs; organ and tissue donation; cloning; xenotransplantation; abortion; human enhancement; mandatory vaccination; and much more. The term “bioethics” provides a lens, language, and guideposts to
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Veerapen, Richard J. "Informed Consent: Physician Inexperience is a Material Risk for Patients." Journal of Law, Medicine & Ethics 35, no. 3 (2007): 478–85. http://dx.doi.org/10.1111/j.1748-720x.2007.00170.x.

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The Canadian law governing informed consent was significantly influenced by the decision of its Supreme Court in Reibl v. Hughes, a case that involved a physician’s failure to warn the patient about the risk of stroke after carotid endarterectomy. Even though most Canadian plaintiffs after Reibl have continued to lose informed consent cases, it is likely that the judgement in this case has significantly influenced the manner in which physicians now approach the discussion of risk while obtaining consent not only in Canada but also in several other jurisdictions.The development of informed cons
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Dai, Qingkang. "Informed Consent in China: Status Quo and its Future." Medical Law International 6, no. 1 (2003): 53–71. http://dx.doi.org/10.1177/096853320300600104.

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Informed consent is one of the fundamental rights of a patient. However it used to be ignored in mainland China and was neither academically discussed nor a matter of practical concern until recent years. Paternalism was dominant in the practice of traditional Chinese medicine which was intensely influenced by Confucianism. The historic medical paternalism was reinforced under communism and the planned economy due to the communist beliefs. But it has been frequently challenged in recent years with patients' awakening awareness of rights and the advent of rights-defending litigation culture in
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Pope, Thaddeus Mason. "Certified Patient Decision Aids: Solving Persistent Problems with Informed Consent Law." Journal of Law, Medicine & Ethics 45, no. 1 (2017): 12–40. http://dx.doi.org/10.1177/1073110517703097.

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The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.
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Heywood, Rob. "Excessive Risk Disclosure: The Effects of the Law on Medical Practice." Medical Law International 7, no. 2 (2005): 93–112. http://dx.doi.org/10.1177/096853320500700201.

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This article examines the debate surrounding the challenging concept of informed consent. It argues whilst the English courts have effectively excluded the use of the tort of battery as an appropriate mechanism for protecting a patient's right to self-determination, they have left the law in a state of flux due to the uncertainties associated with categorising similar claims within negligence where the onus is on risk disclosure. This confusion may stem firstly from the fact that medical practitioners are unsure exactly which risks to disclose, and secondly, from the way in which both doctors
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Miller, Frances H. "Denial of Health Care and Informed Consent in English and American Law." American Journal of Law & Medicine 18, no. 1-2 (1992): 37–71. http://dx.doi.org/10.1017/s0098858800011345.

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Health care rationing has gained greater visibility in the United States and the United Kingdom, for quite different reasons. As patients in both countries become more aware that potentially beneficial medical services can be denied them on economic — as opposed to purely medical — grounds, they are beginning to seek help from the judiciary. This Article contends that as rationing becomes more explicit, the doctrine of informed consent will come under increased pressure. The Article suggests that courts and legislatures consider imposing a legal obligation on physicians to inform their patient
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Dissertations / Theses on the topic "Informed consent (Medical law) Patients"

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Cai, Yinghong. "The legal rights in informed consent form for treatment in China." View the Table of Contents & Abstract, 2007. http://sunzi.lib.hku.hk/hkuto/record/B38478730.

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Walker, Nancy L. Hamilton. "The relationship between patient perceptions of informed consent and recall of information received during the informed consent process." Virtual Press, 1993. http://liblink.bsu.edu/uhtbin/catkey/865959.

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Informed consent is a requirement by law. Informed consent is a two part process: giving the patient sufficient information so that an educated choice can be made and obtaining assent in writing (Coy, 1989; Fiesta 1991; Sweeney, 1991;). The purpose of this study is to determine the ability to recall information and the perception of patients about the process of receiving information after signing a consent to participate in a large research trial. Patients signing consents for participation in the Breast Cancer Prevention Trial were asked to complete the surveys. Thirty three patients were as
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Cai, Yinghong, and 蔡映紅. "The legal rights in informed consent form for treatment in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B39724347.

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Morin, Sophie. "La place des droits du patient à l'intérieur de la conception actuelle de l'obligation de renseigner en matière médicale /." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30319.

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This thesis deals with the concept of the medical duty to inform focusing on the rights of the patient. It emerges that the notions governing medical responsibility do not adequately address the question of the protection and application of the rights of the patient. Existing conceptions of the notions of dereliction, causality and damage are analysed in order to point out the many inadequacies with the rights of the patient, source of the obligation to inform. Particular emphasis is given to the situation in Quebec and to the eventual place that could be occupied by conception of the duty to
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Lashley, Myrna. "Informed proxy consent : communication between surgeons and surrogates about surgery." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29068.

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Professionals whose job it is to counsel patients must be cognizant of the role played by communication in the establishment of a trusting working relationship. This is no less true for those within the medical community who must obtain informed consent for surgical interventions than it is for those working within the area of mental health. In order to determine what role communication plays in the obtaining of informed consent within a pediatrics setting, a qualitative study was conducted of 20 surrogates (those individuals giving consent on behalf of legally incompetent children) and of 5 s
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Kerner, David Neal. "Impact of a decision aid videotape on young women's attitudes and knowledge about hormone replacement therapy /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 1998. http://wwwlib.umi.com/cr/ucsd/fullcit?p9901432.

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Anthony, John. "The justfiable limitations of patient autonomy in contemporary South African medical practice." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2859.

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Thesis (MPhil (Philosophy))--University of Stellenbosch, 2009.<br>ABSTRACT: The European Enlightenment secured man’s freedom from doctrinal thought. Scientific progress and technological innovation flourished in the 18th Century, radically changing the lives of all. Man’s mastery and transformation of his environment was matched by revolutionary political reform, resulting in the dissolution of empire and the transfer of power into the hands of the people. Social transformation saw the city-states of pre-modern man supplanted by a globalized community whose existence grew from time and
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Hicks, Michelle B. "Informed Consent in Obstetric Anesthesia: The Effect of the Amount, Timing and Modality of Information on Patient Satisfaction." Thesis, University of North Texas, 2008. https://digital.library.unt.edu/ark:/67531/metadc9771/.

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Using mainly quantitative methods of evaluation, as well as patient comment assessment, this study evaluated whether changing the current informed consent process for labor epidural analgesia to a longer, more informational process resulted in a more satisfied patient. Satisfaction with the labor epidural informed consent process was evaluated using a questionnaire that was mailed and also available online. Half of the patient population was given a written labor epidural risk/benefit document at their 36-week obstetric check up. All patients received the standard informed consent. Survey resp
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Hicks, Michelle B. Wheeler Maurice B. "Informed consent in obstetric anesthesia the effect of the amount, timing and modality of information on patient satisfaction /." [Denton, Tex.] : University of North Texas, 2008. http://digital.library.unt.edu/permalink/meta-dc-9771.

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Hutchison, Catherine B. "A randomised controlled trial of an audiovisual patient information intervention in cancer clinical trials." Thesis, University of Stirling, 2008. http://hdl.handle.net/1893/442.

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Introduction and background Recruitment to cancer clinical trials needs to be improved, as does patient understanding about clinical trials, to enable patients to make an informed choice about whether or not to take part. The main reason that clinically eligible patients do not take part in clinical trials is because they refuse; poor understanding of the research has been associated with patient refusal. Audiovisual patient information (AVPI) has been shown to improve knowledge/understanding in various areas of practice but there is limited information about its effect in the cancer clinical
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Books on the topic "Informed consent (Medical law) Patients"

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Carmi, Amnon. Informed consent. Edited by UNESCO Chair in Bioethics at the University of Haifa. Israel National Commission for UNESCO, 2003.

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Corsino, Bruce V. Informed consent: Policy & practice. National Center for Clinical Ethics, 1996.

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National Center for Clinical Ethics (U.S.), ed. Informed consent: Policy & practice. National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. National Center for Clinical Ethics, 1996.

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Dharmananda, V. Informed consent to medical treatment: Processes, practices and beliefs. Law Reform Commission of Western Australia, 1992.

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Commission, Australia Law Reform. Informed decisions about medical procedures. Law Reform Commission of Victoria, the Australian Law Reform Commission and the New South Wales Law Reform Commission, 1989.

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Autonomy, consent, and the law. Routledge-Cavendish, 2009.

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Book chapters on the topic "Informed consent (Medical law) Patients"

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Man, Hongjie. "Informed Consent and Medical Law." In Legal and Forensic Medicine. Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-32338-6_90.

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Golan, Ofra G. "Human Rights and Religious Duties: Informed Consent to Medical Treatment under Jewish Law." In Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law. Springer Berlin Heidelberg, 2007. http://dx.doi.org/10.1007/978-3-540-73357-7_12.

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Jackson, Emily. "4. Informed Consent." In Medical Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0004.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "Patients Who Refuse Treatment." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0018.

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From its inception, the law of informed consent has been based on two premises: first, that a patient has the right to receive sufficient information to make an informed choice about the treatment recommended; and second, that the patient may choose to accept or to decline the physician’s recommendation. The legitimacy of this second premise should be underscored because it is too often belied by the everyday language of medical practice. Getting a consent is medical jargon that implies that patient agreement is the only acceptable outcome. Indeed, the term informed consent itself suggests that patients are expected to agree to be treated rather than to decline treatment. Unless patients are viewed as having the right to say no, as well as yes, and even yes with conditions, much of the rationale for informed consent evaporates. Nonetheless, the medical profession’s reaction to patients who refuse treatment often has been less than optimal. The right to refuse treatment is frequently ignored in practice because it is inconsistent with the history and ethos of medicine (1,2). Physicians are trained to treat illness and to prolong life; situations in which they cannot do either—not because of limitations of knowledge or technology, but because patients or third parties reject their recommendations for care—evoke profound feelings of frustration and even anger. It would not be too much to suggest that these confrontations challenge an essential element of the medical identity. Physicians’ reactions to these situations are varied. Some will contend with patients over their refusal, while others, having assimilated a distorted version of patients’ right to refuse treatment, may too quickly abandon their patients to the consequences of their choices, thereby depriving them of the guidance for which patients traditionally have turned to their physicians. Regardless of the quality of care offered to patients or the degree of concern of those who treat them, some patients will have reasons of their own to decline treatment. Before considering how clinicians might respond to these situations, this chapter reviews the status of the law regarding treatment refusal, surveying a legal landscape that has seen dramatic changes in the last decade.
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "An Agenda for the Future." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0024.

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The cornerstone of our approach to informed consent is the belief that the right of patients to authorize their own medical treatment, usually called the right to autonomy in decision making, is a moral value worth promoting. When medical care is required, patients should be met by physicians’ openness and willingness to present and discuss a variety of options, with the clear understanding that patients can play a role, if they desire, in shaping the ultimate decision. Our instinctive assumption that most patients would endorse this approach was confirmed by a large-scale study sponsored by the President’s Commission (1). Patients do want to know about and have the option of influencing the nature of their medical care, even if they may not always exercise that option (2). Our society’s deepseated traditions of respect for the integrity of the individual reinforce the importance of protecting patients’ interests in the medical decisionmaking process. Legal initiatives by themselves are insufficient to accomplish these results (see Chapter 7). Endless proposals to refine the legal mechanisms by which the doctrine of informed consent is enforced are not likely to achieve their goals. The legal rules governing informed consent operate at a level of generality that makes it difficult for physicians to take them into account in dealing with patients. Some surveys have found that physicians are completely ignorant of the operative standard for disclosure in their state (1), and others have found that even when physicians are aware of the standard, they do not apply it properly (3). More significantly, however, the medical setting seems relatively impervious to regulation in this area. Physicians and administrators have control over the structure of medical care and over the content of physician-patient interactions. Regardless of the law of informed consent, if the structure of hospital and office practice provides negligible opportunities for doctor-patient communication, little disclosure or shared decision making will occur. If physicians are resistant to the moral imperatives of informed consent, tinkering with standards of disclosure is unlikely to affect their behavior.
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "Critical Approaches to the Law of Informed Consent." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0013.

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A number of goals have been posited for the legal doctrine of informed consent. One author, for example, highlights four goals: “1) an ethical goal, in which the law promotes patient autonomy; 2) a decision making goal, in which the law promotes the ability of patients to make medical decisions; 3) a regulatory goal, in which the law attempts to control physicians’ disclosure practices; and 4) a compensatory goal, in which the common law functions as a mechanism to provide monetary compensation for injuries” (1). Another author posits six goals: “1) promoting individual autonomy; 2) respecting human dignity; 3) encouraging professional self-scrutiny; 4) promoting rational decisionmaking; 5) avoiding deceit and coercion; and 6) educating the public” (2). According to critics, the result has been a doctrine and a set of practices that compromise all values and satisfy none in their entirety (1). But commentators who have analyzed the law and practice of informed consent have each generally represented one point of view to the exclusion of others. The resulting debate over informed consent among healthcare practitioners, legal experts, and ethicists should come as no surprise. As long as one relies on a single perspective, it is remarkably easy to find critical things to say about informed consent. Those who would elevate any single value above all others, and steadfastly resist compromise, usually can offer a powerful, even devastating, analysis of the current state of affairs. In this chapter we focus on three critiques—a perspective concerned with promoting individual autonomy, an approach that emphasizes the value of health, and a perspective that places primary emphasis on encouraging discourse and interaction between caregivers and patients—and assess their validity from a perspective that recognizes that the doctrine of informed consent must accommodate a number of competing interests and values. The most trenchant criticism of the state of informed consent law today focuses on the discrepancies between the goals highlighted by the ethical theories of informed consent—primarily, the enhancement of individual autonomy in making medical decisions—and the practical effects of the current system.
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "The Legal Requirements for Disclosure and Consent: History and Current Status." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0009.

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The translation of ethical principles into concrete requirements for physicians’ behavior has been largely a function of the courts (usually state, occasionally federal) as they consider patients’ allegations that their physicians improperly obtained their consent to treatment. To a lesser extent, state legislatures have been involved in making law in this area. The combined efforts of courts and legislatures have resulted in the creation of two legal requirements: the historical requirement that physicians obtain patients’ consent before proceeding with treatment, and the more recent requirement that physicians disclose such information to patients as will enable them to participate knowledgeably in making decisions about treatment. (Chapters 4 and 5 describe the exceptional circumstances in which some or all of the basic legal requirements do not apply.) Despite some uncertainty about the origins of legal actions for lack of consent to medical treatment, in theory, non-consensual medical treatment has always been remediable at common law (i.e., judge-made as opposed to statutory law). The law’s concern for the bodily integrity of the individual can be traced to the writ of trespass for assault and battery and to the criminal law’s proscription of homicide, battery, and mayhem (1). A similar, though less intense, concern for psychic integrity has existed for almost as long and has received increasing support in this century as evidenced by the cases recognizing causes of action in tort law for intentional and, more recently, negligent infliction of emotional distress (2, §§12, 54). Similarly, the development of the constitutional and tort law of privacy reflects the continued vitality of society’s concern for the individual’s right to be let alone, both by agents of the state and by private parties (2, §117; 3). Early medical practice codes did not speak of consent—it was more likely that a physician would conceal his actions from the patient than seek his or her consent to treatment. However, patient consent is not completely a modern legal creation. Historically, the notion that physicians must inform patients about what will be done to them has its origins in eighteenth-century English law (4).
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "The Limits of Informed Consent." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0023.

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It will come as no surprise to anyone who has read this far to know that we are enthusiastic supporters of informed consent. We believe that entitlement to adequate information and the right to make choices about one’s medical treatment are fundamental ethical rights that are every bit as important in the healthcare arena as, for example, free speech and due process of law are in the wider society. Moreover, informed consent does not merely have deontological value. We have argued that, if done correctly, informed consent can often lead to better doctor-patient relationships, better patient adherence to treatment plans, and a fuller understanding of the disease process on the part of the healthcare provider. Yet it is also important to understand the limits of informed consent so we do not try to make it do what it cannot do. For example, although informed consent may help in managing treatment, by itself it does not cure illness. The claims that have been made for informed consent, however, are sometimes almost that extravagant. Informed consent has been suggested as the means to protect patients from poor care (1-3), including involuntary care (4), and as a means to improve the outcomes of care (5,6). It has been proposed as the solution to the problems of nursing homes (7) and as a device for compensating patients who are harmed by poor medical treatment (8). None of these are entirely specious ideas. Several of them, indeed, may be correct in part, but it is important for us to understand what informed consent cannot do as well as what it can. Just as free speech does not guarantee good government and due process of law does not guarantee justice, so too informed consent cannot solve all of the problems of the healthcare system. In this chapter we explore some of the limitations of informed consent. Specifically, we want to suggest four propositions. First, informed consent is a mechanism for improving communication and decision making among healthcare providers and patients.
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "Legal Rules for Recovery." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0012.

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This chapter deals with the legal theory and procedural framework under which patients can obtain redress for their injuries resulting from treatment administered in the absence of informed consent. The evolution of the legal doctrine was driven by the demands of patients for redress for injuries, and more attention has been given by courts and legislatures to the questions of when and how compensation might be obtained than to providing guidance for clinicians. In some important respects, the distinction between the law as it applies to the physician engaged in medical decision making with a patient and the law as it applies to that same patient who later seeks compensation in the courts is an artificial one. Insofar as the spirit of informed consent is not embraced voluntarily by the medical profession, but is adhered to in large part to avoid the likely consequences of failure to observe the legal rules, physician behavior will be shaped not only by the rules themselves but also by the way they are enforced. If, for example, the rules governing the means of redress were complex, time-consuming, and unlikely to yield the desired compensation, few injured patients would pursue a judicial remedy. As a result, physicians would eventually realize that adverse consequences were unlikely to follow from a failure to observe the relevant rules and, except to the extent that they had accepted the ethical theory of informed consent, their adherence to the doctrine would crumble. Some critics of the present system contend that this has already happened (see Chapter 7). On the other hand, rules that make recovery easier and more certain would be likely to encourage compliance with the requirements for informed consent. Differential emphasis by the courts on particular kinds of lapses by clinicians might also shape their actions accordingly. For example, the courts’ focus on risk information has led many physicians to tailor disclosure to emphasize risks. Thus, the issues addressed in this chapter, although framed in legal terminology, are important (some would argue crucial) determinants of the ultimate impact of informed consent.
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "Informed Consent: Framing the Questions." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0006.

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What is informed consent? The answer may seem self-evident only to those who have yet to explore the many meanings of the term. Informed consent refers to legal rules that prescribe behaviors for physicians and other healthcare professionals in their interactions with patients and provide for penalties, under given circumstances, if physicians deviate from those expectations; to an ethical doctrine, rooted in our society’s cherished value of autonomy, that promotes patients’ right of self-determination regarding medical treatment; and to an interpersonal process whereby these parties interact with each other to select an appropriate course of medical care. Informed consent is each of these things, yet none of them alone. As a theory based on ethical principles, given effect by legal rulings and implemented by clinicians, it has been haunted by its complex lineage. When legal principles and ethical values conflict, which should take precedence? When clinical interests appear to be served by neither legal nor ethical concerns, which interests should be compromised and to what degree? The vast literature on informed consent, found in journals and books of medicine, law, bioethics, philosophy, and public policy, has been stimulated by the need to create a workable doctrine that can accommodate values that to many observers are in an irremediable state of conflict. The conflicts in theory and the need to resolve them in practice are the subjects of this book. Theory is the focus of the first half of the volume; practice is the topic of the second. Seeking to understand the fascinating theoretical problems requires us to grapple with some of the most difficult ethical and policy issues facing our society today. But let us state at the outset our belief that the clinician on the front lines need not be paralyzed by differences of opinion among legal and ethical theorists. Through the vaguely translucent wall of expertise behind which the discussion about the proper shape of the informed consent doctrine has taken place, a reasonable approach to informed consent in the clinician-patient relationship can be discerned. Our most important and challenging task in this book is to make that approach evident.
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Conference papers on the topic "Informed consent (Medical law) Patients"

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Alshevsky, Vladimir. "Problems of informed consent in domestic medicine." In Issues of determining the severity of harm caused to human health as a result of the impact of a biological factor. Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/conferencearticle_5fdcb03a27a5f7.62532593.

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Since 1993, the requirement to obtain informed consent from a patient before a medical intervention has not been properly implemented to date. This is partly due to the wording of a number of articles of the current Federal Law of November 21, 2011 № 323-FZ and orders of the Ministry of Health of the Russian Federation, which set the trend for profanity in informing the patient. Evasion of the doctor from proper informing the patient creates the prerequisites for the doctor to commit acts falling under the Criminal Code, as well as in civil proceedings.
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Harenberg, I., B. Kallenbach, U. Martin, and R. Zimmermann. "RANDOMIZED DOUBLE BLINDED STUDY OF NORMAL AND A LOW MOLECULAR WEIGHT HEPARIN IN GENERAL MEDICAL PATIENTS." In XIth International Congress on Thrombosis and Haemostasis. Schattauer GmbH, 1987. http://dx.doi.org/10.1055/s-0038-1644191.

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Low molecular weight (LMW) heparin has been proven effectively and safely at low doses with one injection per day in the postoperative medicine. This hasnot been confirmed so far in general medical patients requiring prophylaxis of thromboembolism. We report here of the results of a double blinded prospective randomized trial with normal and LMW heparin.Two hundred patients were included into the study after having given informed consent. They received 3 × 5.000 units sodium pig intestinal mucosa heparin (MW12.000) or 1 × 1.500 aPTT units (MW 3.800, Sandoz AG, Niimberg, FRG) for 10 days. The d
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Kuntardjo, Carolina, and Agus Hernoko. "TRANSPARENCY PRINCIPLES IN INFORMED CONSENT OF SURGICAL PROCEDURES TO REDUCE MEDICAL DISPUTE RISK." In International Conference on Law, Governance and Globalization 2017 (ICLGG 2017). Atlantis Press, 2018. http://dx.doi.org/10.2991/iclgg-17.2018.9.

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Zivojinovic, Dragica. "CONSENT OF THE LEGAL REPRESENTATIVE AND ASSENT OF PERSONS INCAPABLE OF GIVING INFORMED CONSENT TO PARTICIPATE IN MEDICAL RESEARCH." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.073.

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Anindito, Teguh. "Informed Consent as Fulfillment of Rights and Obligations in Therapeutic Transactions Indonesian Medical Services." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.84.

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Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Conve
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