Log in

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

To see the other types of publications on this topic, follow the link: Informed consent (Medical law) Patients.

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

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Informed consent (Medical law) Patients.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

6

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

11

Harap, Inensa Khoirul. "Informed Consent Position in Doctor and Patient Relationship." Journal La Sociale 2, no. 1 (2021): 31–39. http://dx.doi.org/10.37899/journal-la-sociale.v2i1.304.

Full text

Abstract:

Awareness of risks may be interpreted as a patient's approval in the context of submitting the doctor's schedule with the necessary details for making an appointment or an informed refuse. Prior to signing the consent document, the agreement, the prospective student already confirmed that she understood the terms and conditions. to let the patient understand anything before doing it, and when making the judgment, the patient should make the most of any of an exhaustive information (informed decision). The kinds of studies found in this paper are what lawyers refer to as "normative" studies. Th

APA, Harvard, Vancouver, ISO, and other styles

12

Safitri, Yenni. "INFORMED CONSENT DOKTER DAN PASIEN BERDASARKAN ASAS GOOD FAITH." Jurnal Panji Keadilan : Jurnal Ilmiah Nasional Mahasiswa Hukum 3, no. 1 (2020): 124–44. http://dx.doi.org/10.36085/jpk.v3i1.1185.

Full text

Abstract:

ABSTRAKPerjanjian informed consent harus dilaksanakan dengan asas itikad baik. Asas ini merupakan asas bahwa para pihak, yaitu pihak kreditur dan debitur harus melaksanakan substansi kontrak berdasarkan kepercayaan atau keyakinan yang teguh maupun kemauan baik dari para pihak. Tulisan ini membahas informed consent Dokter dan Pasien berdasarkan asas Good Faith dan akibat hukum tidak dilaksanakannya informed consent Dokter dan Pasien berdasarkan asas Good Faith. Metode penelitian adalah penelitian hukum normative kajian tentang asas hukum, peneliti mengumpulkan data yang terdiri dari data primer

APA, Harvard, Vancouver, ISO, and other styles

13

Sila, Sakir. "ASPEK HUKUM TERHADAP PERSETUJUAN TINDAKAN MEDIK/KEDOKTERAN (INFORMED CONSENT) DALAM KAITANNYA DENGAN TINDAKAN TENAGA MEDIS DI RUMAH SAKIT Dr. TADJUDDIN CHALID MAKASSAR." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 4, no. 1 (2017): 123. http://dx.doi.org/10.24252/jurisprudentie.v4i1.3668.

Full text

Abstract:

Medical services as one of the elements of service that plays an important role in the provision of health services to patients In a professional relationship, there is an unequal or unequal position between the medical staff with the patient. Understanding of medical personnel (general practitioner and general dentist) at Dr. Hospital. Tadjuddin Chalid on informed consent still needs to be improved. Implementation of informed consent at Dr. Hospital. Tadjuddin Chalid Makassar has not been done well, this is because some medical personnel have not implemented Law no 29 of 2004 on Medical Pract

APA, Harvard, Vancouver, ISO, and other styles

14

Piper, August. "Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent." Journal of Law, Medicine & Ethics 22, no. 4 (1994): 301–13. http://dx.doi.org/10.1111/j.1748-720x.1994.tb01311.x.

Full text

Abstract:

What is informed consent in medicine? For more than a generation, this deceptively simple question has vexed the law, discomfited medicine, and generated much inspired, provocative, and even contentious commentary.The question has also spawned several lawsuits. On one side stand patients who claim that, at the time of consent, they were ignorant of a particular risk; who state that, with more or different information, they would have chosen a different treatment; and who argue that, because of an adverse outcome, they now deserve remuneration. On the other side, doctors uneasily watch the leng

APA, Harvard, Vancouver, ISO, and other styles

15

Dhita Annisa, Wahyudi,. "ANALISIS INFORMED CONSENT TERHADAP PERLINDUNGAN HUKUM TENAGA KESEHATAN DI RUMAH SAKIT UMUM DAERAH KOTA BANDUNG." Res Nullius Law Journal 2, no. 1 (2020): 62–75. http://dx.doi.org/10.34010/rnlj.v2i1.2899.

Full text

Abstract:

The research aims to determine the analiysis of informed consent to the health staff legal protection at bandung regional public hospital. Informed consent is an agreement of medical action through a process of communication between the doctor and the patient about the agreement of medical action that the medical staff would do to the patient. The research method used is a juridical normative qualitative research method with a descriptive approach. Data collection techniques used are by way of literature studies related to the subject, interviews and field observations. The results of the rese

APA, Harvard, Vancouver, ISO, and other styles

16

WALLER, BRUCE N. "The Psychological Structure of Patient Autonomy." Cambridge Quarterly of Healthcare Ethics 11, no. 3 (2002): 257–65. http://dx.doi.org/10.1017/s0963180102113065.

Full text

Abstract:

The patient's right to informed consent is grudgingly acknowledged by medical professionals, firmly established in law, and brandished as a shibboleth by most bioethicists. But questions remain concerning genuine patient autonomy, and the doctrine of informed consent offers inadequate answers. In addition to the continuing controversy over what counts as “informed,” the passive acquiescence implied by “consent” seems a pale shadow of genuine autonomy.

APA, Harvard, Vancouver, ISO, and other styles

17

Mandarelli, Gabriele, Giovanna Parmigiani, Felice Carabellese, et al. "Decisional capacity to consent to treatment and anaesthesia in patients over the age of 60 undergoing major orthopaedic surgery." Medicine, Science and the Law 59, no. 4 (2019): 247–54. http://dx.doi.org/10.1177/0025802419865854.

Full text

Abstract:

Despite growing attention to the ability of patients to provide informed consent to treatment in different medical settings, few studies have dealt with the issue of informed consent to major orthopaedic surgery in those over the age of 60. This population is at risk of impaired decision-making capacity (DMC) because older age is often associated with a decline in cognitive function, and they often present with anxiety and depressive symptoms, which could also affect their capacity to consent to treatment. Consent to major orthopaedic surgery requires the patient to understand, retain and reas

APA, Harvard, Vancouver, ISO, and other styles

18

Özsunay, Ergun. "Medical Liability and Liability of Health Institutions in Turkish Law." European Journal of Health Law 14, no. 4 (2007): 355–67. http://dx.doi.org/10.1163/092902707x261294.

Full text

Abstract:

AbstractThis article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital ma

APA, Harvard, Vancouver, ISO, and other styles

19

Manning, J. "Informed Consent To Medical Treatment: The Common Law And New Zealand's Code Of Patients' Rights." Medical Law Review 12, no. 2 (2004): 181–216. http://dx.doi.org/10.1093/medlaw/12.2.181.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Dali, Muh Amin, and Warsito Kasim. "ASPEK HUKUM INFORMED CONSENT DAN PERJANJIAN TERAPEUTIK." Akademika 8, no. 2 (2019): 95. http://dx.doi.org/10.31314/akademika.v8i2.403.

Full text

Abstract:

(Legal Aspect Of Informed Consent And Therapeutic Agreement). Health is one of the basic rights guaranteed by the state. Therefore, the state is obliged to prepare instruments to protect the health services of citizens. In practice, one of the tools regulated by the state in guaranteeing health services is the Medical Action Agreement. In the medical world, Medical Action Approval is better known as Informed Consent. The approval of this Medical Action will be contained in a written agreement known as the Therapeutic Agreement. This study aims to analyze the legal aspects of informed consent a

APA, Harvard, Vancouver, ISO, and other styles

21

,, Indra Darian Wicaksana, and Ambar Budhisulistyawati ,. "TINJAUAN TERHADAP DOKTER YANG MENANGANI PASIEN GAWAT DARURAT TANPA MENGGUNAKAN INFORMED CONSENT." Jurnal Privat Law 7, no. 1 (2019): 150. http://dx.doi.org/10.20961/privat.v7i1.30148.

Full text

Abstract:

<p>Abstract<br />This journal aims to determine the legal consequences of emergency medical treatment without informed <br />consent. This research is a normative perspective. As science is perspective, the science of law study law <br />purposes, the values of justice, the validity of the rule of law and legal norms. This research approach using <br />the statue approach. Legal materials research using primary and secondary legal materials. Mechanical <br />collection of legal materials research through library research / study documents and subsequently &l

APA, Harvard, Vancouver, ISO, and other styles

22

Rix, Keith J. B. "After a prolonged gestation and difficult labour, informed consent is safely delivered into English and Scots law." BJPsych Advances 23, no. 1 (2017): 63–72. http://dx.doi.org/10.1192/apt.bp.116.015990.

Full text

Abstract:

SummaryIt is over 40 years since the principle of informed consent was accepted in the USA and it has been long established in other common law jurisdictions. But for decades English law has been constrained by theSidawaycase, which effectively perpetuated a form of medical paternalism. Nevertheless, a patient-centred approach can be traced to one of the judgments in that case, and in the case ofMontgomerythe Supreme Court has now adopted an approach to consent which is based on self-determination and autonomy and is more closely aligned to professional practice. It calls for a dialogue betwee

APA, Harvard, Vancouver, ISO, and other styles

23

Suter, Sonia M. "The Politics of Information: Informed Consent in Abortion and End-of-Life Decision Making." American Journal of Law & Medicine 39, no. 1 (2013): 7–61. http://dx.doi.org/10.1177/009885881303900101.

Full text

Abstract:

The politics of reproduction dominate the political landscape now more than ever. One area of controversy has been informed consent statutes for abortion, which have been praised by the pro-life movement but derided by the pro-choice movement. More recently, legislatures have begun to enact informed consent statutes with respect to end-of-life decision making, an area almost as politically controversial as abortion. Like many abortion disclosure laws, some of these have been entitled “Right to Know” statutes. Yet, the supporters and opponents of each set of statutes tend not to be the same, al

APA, Harvard, Vancouver, ISO, and other styles

24

Siegal, Gil, Richard J. Bonnie, and Paul S. Appelbaum. "Personalized Disclosure by Information-on-Demand: Attending to Patients' Needs in the Informed Consent Process." Journal of Law, Medicine & Ethics 40, no. 2 (2012): 359–67. http://dx.doi.org/10.1111/j.1748-720x.2012.00669.x.

Full text

Abstract:

In an explicit attempt to reduce physician paternalism and encourage patient participation in making health care decisions, the informed consent doctrine has become a foundational precept in medical ethics and health law. The underlying ethical principle on which informed consent rests — autonomy — embodies the idea that as rational moral agents, patients should be in command of decisions that relate to their bodies and lives. The corollary obligation of physicians to respect and facilitate patient autonomy is reflected in the rules that have been created to implement consent procedures, espec

APA, Harvard, Vancouver, ISO, and other styles

25

Fresa, Riccardo. "Informed consent of the critically ill patient and drug therapy: legal aspects." Reviews in Health Care 4, no. 2S (2013): 21–30. http://dx.doi.org/10.7175/rhc.v4i2s.874.

Full text

Abstract:

Legal issues concerning the doctor-patient relationship are numerous, and belong to the wider field of professional liability in health care. This article will be dealt with the issues related to informed consent in patients temporarily unable to express consent, or patients who are in a state of temporary incapacity. If the patients are temporarily incapable, and therefore are not able to receive the information nor to express consent to treatment, the physicians’ duty to provide medical treatment and the patients’ self-determination should be considered: the patients can consent or refuse tr

APA, Harvard, Vancouver, ISO, and other styles

26

Rohman, Arif, and Syafruddin Syafruddin. "MODEL PERLINDUNGAN DAN PEMENUHAN HAK PASIEN TERHADAP PELAKSANAAN INFORMED CONSENT DI INDONESIA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 31, no. 2 (2019): 222. http://dx.doi.org/10.22146/jmh.37504.

Full text

Abstract:

Law and health is a different science. But due to the rampant cases that occur related to the practice of medicine, the law contribute in providing solutions for both physicians and patients as consumers of health, although medicine has a code of professional ethics as well as Standard Operations as the basis of doctors in carrying out their work. The legal tools are still needed because in practice, there are many medical malpractices. This study focuses on 2 (two) important things, first, how judges assess the express consent on the implementation of informed consent and secondly, how the mo

APA, Harvard, Vancouver, ISO, and other styles

27

Bolton, M. Anne. "Who Can Let You Die?" Canadian Journal on Aging / La Revue canadienne du vieillissement 8, no. 3 (1989): 238–43. http://dx.doi.org/10.1017/s0714980800008862.

Full text

Abstract:

ABSTRACTAging with grace and confidence would, for most people, be facilitated by the assurance that life would conclude with dignity. Unfortunately, such assurance is not available, especially if diminished competence does not allow the expression of a refusal to the continued administration of medical treatment. Health care professionals maintaining mentally incompetent patients on life supports should be aware of the legal risks of terminating treatment without valid informed consent. Yet who can give such consent? Does our law provide any guidance?This paper will examine the Canadian legal

APA, Harvard, Vancouver, ISO, and other styles

28

Williams, Kevin. "Comprehending Disclosure: Must Patients Understand the Risks they Run?" Medical Law International 4, no. 2 (2000): 97–109. http://dx.doi.org/10.1177/096853320000400202.

Full text

Abstract:

It is well known that competent patients must be told about the risks of proposed medical procedures. This paper argues that recent professional guidelines and the law of negligence now take matters further by requiring doctors to take reasonable steps in an attempt to ensure that patients understand the risks they are being invited to run, so facilitating meaningful choices and the opportunity to give a properly informed consent.

APA, Harvard, Vancouver, ISO, and other styles

29

Reis, Elizabeth. "Did Bioethics Matter? A History of Autonomy, Consent, and Intersex Genital Surgery." Medical Law Review 27, no. 4 (2019): 658–74. http://dx.doi.org/10.1093/medlaw/fwz007.

Full text

Abstract:

Abstract This article argues that the rise of bioethics in the post-WWII era and the emergence of the legal doctrine of informed consent in the late 1950s should have had a greater impact on patients with intersex traits (atypical sex development) than they did, given their emphasis on respect for autonomy and beneficence toward patients. Instead, these progressive trends collided with a turn in intersex management toward infants, who were unable to provide autonomous consent about their medical care. Patient autonomy took a back seat as parents heeded physicians’ advice in an environment even

APA, Harvard, Vancouver, ISO, and other styles

30

Mazur, Dennis J., and Jon F. Merz. "Patients' interpretations of verbal expressions of probability: Implications for securing informed consent to medical interventions." Behavioral Sciences & the Law 12, no. 4 (1994): 417–26. http://dx.doi.org/10.1002/bsl.2370120410.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Horner, Jennifer, Maria Modayil, Laura Roche Chapman, and An Dinh. "Consent, Refusal, and Waivers in Patient-Centered Dysphagia Care: Using Law, Ethics, and Evidence to Guide Clinical Practice." American Journal of Speech-Language Pathology 25, no. 4 (2016): 453–69. http://dx.doi.org/10.1044/2016_ajslp-15-0041.

Full text

Abstract:

PurposeWhen patients refuse medical or rehabilitation procedures, waivers of liability have been used to bar future lawsuits. The purpose of this tutorial is to review the myriad issues surrounding consent, refusal, and waivers. The larger goal is to invigorate clinical practice by providing clinicians with knowledge of ethics and law. This tutorial is for educational purposes only and does not constitute legal advice.MethodThe authors use a hypothetical case of a “noncompliant” individual under the care of an interdisciplinary neurorehabilitation team to illuminate the ethical and legal featu

APA, Harvard, Vancouver, ISO, and other styles

32

Askren, Annette, and Paula Leslie. "Complexity of Clinical Decision Making: Consent, Capacity, and Ethics." Seminars in Speech and Language 40, no. 03 (2019): 162–69. http://dx.doi.org/10.1055/s-0039-1688838.

Full text

Abstract:

AbstractSpeech–language pathologists (SLPs), and really their patients, are often faced with challenging clinical decisions to be made. Patients may decline interventions recommended by the SLP and are often inappropriately labeled “noncompliant.” The inappropriateness of this label extends beyond the negative charge; the patient's right to refuse is, in fact, protected by law. Anecdotal exchanges, social media platforms, and American Speech-Language-Hearing Association forums have recently revealed that many SLPs are struggling with the patient's right to decline. Many are not comfortable wit

APA, Harvard, Vancouver, ISO, and other styles

33

Spector-Bagdady, Kayte. "Reconceptualizing Consent for Direct-to-Consumer Health Services." American Journal of Law & Medicine 41, no. 4 (2015): 568–616. http://dx.doi.org/10.1177/0098858815622191.

Full text

Abstract:

The market for direct-to-consumer (DTC) health services continues to grow rapidly with former patients converting to customers for the opportunity to purchase varied diagnostic tests without the involvement of their clinician. For the first time a DTC genetic testing company is advertising health-related reports “that meet [Food and Drug Administration] standards for being clinically and scientifically valid.” Ethicists and regulatory agencies alike have recognized the need for a more informed transaction in the DTC context, but how should we classify a commercial transaction for something nor

APA, Harvard, Vancouver, ISO, and other styles

34

Woollard, Laurence, Richard Gorman, and Dakota J. Rosenfelt. "Improving patient informed consent for haemophilia gene therapy: the case for change." Therapeutic Advances in Rare Disease 2 (January 2021): 263300402110472. http://dx.doi.org/10.1177/26330040211047244.

Full text

Abstract:

Adeno-associated virus-based gene therapy points to a coming transformation in the treatment of people living with haemophilia, promising sustained bleed control and potential improvement in quality of life. Nevertheless, the consequences of introducing new genetic material are not trivial. The perceived benefits should not minimise the challenges facing patients in understanding the long-term risks and providing a valid and meaningful informed consent, whether in a research or clinical setting. Informed consent is a fundamentally important doctrine in both medical ethics and health law, uphol

APA, Harvard, Vancouver, ISO, and other styles

35

Raposo, Vera Lúcia. "To Act or Not to Act, That Is the Question: Informed Consent in a Criminal Perspective." European Journal of Health Law 19, no. 4 (2012): 379–90. http://dx.doi.org/10.1163/157180912x650708.

Full text

Abstract:

Abstract Some years ago the doctor was seen as the one who “knows better”, and it was absolutely unconceivable that the patient could refuse the suggested treatment or even ask any questions about it. Differently, nowadays doctors face demands to keep their patients informed and can even be sued when they act without patient knowledge and consent. On the patient’s side this new paradigm does not necessarily legitimate euthanasia — still criminally forbidden in most parts of the world — but allows some kind of personal power over body, health and life, materialized in advance directives. On the

APA, Harvard, Vancouver, ISO, and other styles

36

Laufer-Ukeles, Pamela. "Reproductive Choices and Informed Consent: Fetal Interests, Women's Identity, and Relational Autonomy." American Journal of Law & Medicine 37, no. 4 (2011): 567–623. http://dx.doi.org/10.1177/009885881103700403.

Full text

Abstract:

In this Article, I describe and examine the severe shortcomings in women's autonomy in the context of reproductive choices in the medical arena. The reproductive choices I explore are those choices that involve gestation: abortion, fertility treatments, and interventions during pregnancy. Due to state and medical interests in the fetus, I describe how information conveyed to patients making reproductive choices is biased towards fetal interests, relies on female stereotypes, and is still conveyed with the objective authority of the medical profession. Moreover, reproductive choices implicate w

APA, Harvard, Vancouver, ISO, and other styles

37

WANG, Deyan. "知情同意與語境". International Journal of Chinese & Comparative Philosophy of Medicine 4, № 2 (2002): 24–37. http://dx.doi.org/10.24112/ijccpm.41428.

Full text

Abstract:

LANGUAGE NOTE | Document text in Chinese; abstract also in English.理解是實現知情同意的基礎，而理解與知情同意的語境學問題有密切關係。醫生常常抱怨病人聽不懂，病人也認為醫生的解釋過科術語化。問題就在於醫患雙方語境的差異。20世紀80年代對知情同意的研究已經開始從告訴病人什麼資訊轉向了怎樣告訴病人的研究。因此醫生除了關心病人敘述的意義之外，還需要關注以各㮔語言為中介與事實之間所建立的聯繫，注意語句的規範性以及正確地把握雙方的語言意圖和目的。本文試圖對知情同意進行語義學、語形學和語用學的分析，以便從這三者統一上來透視和闡述知情同意的各種語境的規定性，以提高知情同意的可理解性。Understanding, being closely associated with the context, is the basis of realization of informed consent. Physician often complains that patients cannot well comprehend medical information, while patients are often unsatisfied with the explanatory statements and technical term

APA, Harvard, Vancouver, ISO, and other styles

38

Chalmers, Don, and Robert Schwartz. "Malpractice Liability for the Failure to Adequately Educate Patients: The Australian Law of “Informed Consent” and Its Implications for American Ethics Committees." Cambridge Quarterly of Healthcare Ethics 2, no. 3 (1993): 371–79. http://dx.doi.org/10.1017/s0963180100004382.

Full text

Abstract:

At first glance, the first informed consent case to be decided by the High Court of Australia appears to be little more than a clear and simple description of the substantive law accepted in most American jurisdictions - although that is no small accomplishment in and of itself. In Rogers v. Whitaker, the highest court in Australia succinctly and persuasively rejected informed consent as a species of battery law, accepted it as a form, of ordinary professional negligence law, and adopted the “American” patient-oriented standard (rather than the British doctor-oriented standard) for measuring t

APA, Harvard, Vancouver, ISO, and other styles

39

Kapustina, Maria A. "The legal protection of individual rights in the health care sphere: overcoming the ambiguity of the legal regulation of voluntary and informed consent to treatment." Opolskie Studia Administracyjno-Prawne 16, no. 4 (2) (2019): 65–73. http://dx.doi.org/10.25167/osap.1222.

Full text

Abstract:

The individual rights in the health care sphere are ensured, among other things, by overcoming uncertainty in legal regulation. The problem of ambiguity, filling gaps, contradictory to legal regulation is of relevance in the court hearings of specific cases in the health care sphere. The health care sphere is one of the most important spheres of the legal protection of individual’s rights, because it concerns all the population. In modern medical law, the standardized approach to the regulation of relations in the health care sphere has received widespread recognition. The notions “standard” a

APA, Harvard, Vancouver, ISO, and other styles

40

Bawono, Bambang Tri. "LEGAL PROTECTION OF DOCTORS IN PROVIDING HEALTH SERVICES." International Journal of Law Reconstruction 4, no. 1 (2020): 24. http://dx.doi.org/10.26532/ijlr.v4i1.9634.

Full text

Abstract:

Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operatio

APA, Harvard, Vancouver, ISO, and other styles

41

Gilbar, Roy. "Asset or burden? Informed consent and the role of the family: law and practice." Legal Studies 32, no. 4 (2012): 525–50. http://dx.doi.org/10.1111/j.1748-121x.2011.00223.x.

Full text

Abstract:

The paper discusses the issue of family involvement in the process of obtaining consent to treatment. Legally, doctors have a duty to inform the patient, and the patient has a right to be informed before making a decision. In this context, however, there is no requirement to involve relatives or to take into account their interests or requests. Yet, findings from in-depth interviews with NHS general practitioners presented in the paper indicate that in reality relatives have a substantial impact on the process of informed consent. Their presence may lead the doctor to provide more information

APA, Harvard, Vancouver, ISO, and other styles

42

Kee, Diane. "Reclaiming Access to Truth in Reproductive Healthcare After National Institute of Family & Life Advocates v. Becerra." Michigan Law Review, no. 119.1 (2020): 175. http://dx.doi.org/10.36644/mlr.119.1.reclaiming.

Full text

Abstract:

Crisis Pregnancy Centers (CPCs) are antiabortion organizations that seek to “intercept” people with unintended pregnancies to convince them to forego abortion. It is well documented that CPCs intentionally present themselves as medical professionals even when they lack licensure, while also providing medically inaccurate information on abortion. To combat the blatant deception committed by CPCs, California passed the Reproductive FACT Act in 2015. The Act required CPCs to post notices that disclosed their licensure status and informed potential clients that the state provided subsidized aborti

APA, Harvard, Vancouver, ISO, and other styles

43

Brown, Jonathan. "Obligations, consent and contracts in Scots law: re-analysing the basis of medical malpractice liability in light of Montgomery v Lanarkshire Health Board." Legal Studies 41, no. 1 (2021): 156–76. http://dx.doi.org/10.1017/lst.2020.40.

Full text

Abstract:

AbstractProfessors MacQueen and Thomson have defined ‘contract’, within Scots law, as denoting ‘an agreement between two or more parties having the capacity to make it, in the form demanded by law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal’. This definition reflects the fact that Scottish contracts are underpinned by consent, rather than by ‘consideration’. This, naturally, has the potential to be of great significance within the context of physician/patient relationships, particularly since the 2006 case of Dow v Tayside University Hosp

APA, Harvard, Vancouver, ISO, and other styles

44

Arvind, T. T., and Aisling M. McMahon. "Responsiveness and the Role of Rights in Medical Law: Lessons from Montgomery†." Medical Law Review 28, no. 3 (2020): 445–77. http://dx.doi.org/10.1093/medlaw/fwaa006.

Full text

Abstract:

Abstract Over time, medical law has moved away from paternalism in favour of an approach grounded in patients’ rights. Using Montgomery v Lanarkshire Health Board (2015) as a case study, we offer a deeper analysis of this emerging approach. We argue that patients’ rights should be evaluated in terms of their contribution to making medical law more socially responsive, by developing it to give effect to social needs and aspirations pertaining to health care. Although rights can play an important role in achieving social responsiveness, they also carry the risk of entrenching approaches unrepres

APA, Harvard, Vancouver, ISO, and other styles

45

Montanari Vergallo, Gianluca, and Antonio G. Spagnolo. "Informed Consent and Advance Care Directives: Cornerstones and Outstanding Issues in the Newly Enacted Italian Legislation." Linacre Quarterly 86, no. 2-3 (2019): 188–97. http://dx.doi.org/10.1177/0024363919837863.

Full text

Abstract:

This article’s authors delve into, and comment on, some of the key provisions within law no. 219, passed in 2017, which came into full effect in 2018. The legislation presents several innovative aspects: (a) communication time is equated to care; (b) patients may turn down lifesaving treatments, yet doctors must put in place all suitable support processes, from a psychological standpoint as well, in order to make sure that patients make informed decisions in full awareness; (c) refusal to treatment may be expressed prior to the onset of the disease making the patient incapable, as long as the

APA, Harvard, Vancouver, ISO, and other styles

46

Doherty, Carole, Charitini Stavropoulou, Mark NK Saunders, and Tracey Brown. "The consent process: Enabling or disabling patients’ active participation?" Health: An Interdisciplinary Journal for the Social Study of Health, Illness and Medicine 21, no. 2 (2016): 205–22. http://dx.doi.org/10.1177/1363459315611870.

Full text

Abstract:

Standards expected by doctors’ regulatory bodies in respect of the process of consent to treatment have arguably sought to restructure the nature of the doctor–patient relationship from one of the paternalism to that of shared decision-making. Yet, few studies have explored empirically, from patients’ perspectives, the extent to which the process of consent to treatment enables or disables patients’ participation in medical decision-making. Our article examines patients’ attitudes towards the consent process, exploring how and why these attitudes influence patients’ active participation in dec

APA, Harvard, Vancouver, ISO, and other styles

47

Carver, Tracey. "Informed consent, Montgomery and the duty to discuss alternative treatments in England and Australia." Journal of Patient Safety and Risk Management 25, no. 5 (2020): 187–93. http://dx.doi.org/10.1177/2516043520941330.

Full text

Abstract:

The UK Supreme Court in Montgomery v Lanarkshire Health Board imposes a duty on healthcare professionals in relation to information disclosure. The obligation is to take reasonable care to ensure that patients are aware, not just of material risks inherent in any recommended treatment, but of any reasonable alternative treatments. While liability for information non-provision was previously decided according to whether the profession would deem disclosure appropriate, the law now judges the sufficiency of information from a patient’s perspective. In doing so, it adopts the approach advocated f

APA, Harvard, Vancouver, ISO, and other styles

48

Annas, George J., and Frances H. Miller. "The Empire of Death: How Culture and Economics Affect Informed Consent in the U.S., the U.K., and Japan." American Journal of Law & Medicine 20, no. 4 (1994): 357–94. http://dx.doi.org/10.1017/s009885880000681x.

Full text

Abstract:

American culture reflects a paradox: the more openly we discuss death and its inevitability, the more money we spend to postpone and deny it. Sherwin Nuland's book How We Die, a frank description of the way our bodies deteriorate with and without medical intervention, topped the New York Times best seller list in the spring of 1994. At the same time, Jack Kevorkian, arguably the world 's best known physician, was being acquitted of violating Michigan 's law against assisted suicide, while a Michigan commission was debating legislative changes to permit physicians to help their terminally ill p

APA, Harvard, Vancouver, ISO, and other styles

49

Putri, Wulandari Berliani, Vita Widyasari, Juliet Musabula, and Muhammad Jihadul Hayat. "Medicolegal Perspective on Physician-Induced Demand Issue." BESTUUR 9, no. 1 (2021): 106. http://dx.doi.org/10.20961/bestuur.v9i1.48281.

Full text

Abstract:

<p>This study sheds light on the extent to which the medical law protects patients' rights from Physician-Induced Demand behavior. This study shows that the term of Physician-Induced Demand has not been recognized in health regulations. Meanwhile, some often fail to recall that medical law has protected patients’ right in the therapeutic transaction between doctor and patient through Act No. 29 of 2004; Minister of Health Regulations number 11 Year 2017; Act No. 44 of 2009, Civil Code and Act No. 36 of 2009. In order to reduce Physician-Induced Demand, establishing a guideline of good cl

APA, Harvard, Vancouver, ISO, and other styles

50

Finn, Markus, and Gonzalo Gabriel Carranza. "Educación sobre el riesgo médico: propósito, contenido, forma y tiempo / Medical information on risks – function, content, form and timing." Revista Derecho y Salud | Universidad Blas Pascal, no. 1 (March 15, 2018): 113–22. http://dx.doi.org/10.37767/2591-3476(2017)10.

Full text

Abstract:

Los pacientes deben estar debidamente informados de los riesgos de una intervención médica antes de realizarla para poder tomar una decisión autodeterminada. Solo el consentimiento de un paciente informado es válido (informed consent) y solo tal consentimiento puede justificar la intervención médica. En consecuencia, cuando la información brindada es inadecuada o, incluso, se carece de ésta, el consentimiento dado es inválido y la lesión física resultante del tratamiento se comprueba antijurídica, dando lugar a la responsabilidad médica. La jurisprudencia de los tribunales superiores en

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!