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Maclean, Alasdair R. "The doctrine of informed consent: does it exist and has it crossed the Atlantic?" Legal Studies 24, no. 3 (June 2004): 386–413. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00255.x.
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Use of the term ‘informed consent’ is commonplace in both bioethics and medical law. In the legal context the term may be referred to as ‘the doctrine of informed consent’ but the way that this latter term is used raises doubt as to its value as a legal concept. In this paper I explore the concept of the ‘doctrine of informed consent’ and suggest that it may be useful, but only if limited to the autonomy-driven duty to disclose rather than as a more general referent. Having established the nature of the concept I then consider whether the doctrine - which is applied in a minority of US states, Canada and Australia - has crossed the Atlantic and become part of the law in England and Wales. In particular, I analyse Lord Woolf MR's judgment in Pearce v United Bristol Healthcare NHS Trust and suggest that the law has moved towards the doctrine but that it still falls short of the disclosure required by the reasonable patient standard.
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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 (September 9, 2020): 187–93. http://dx.doi.org/10.1177/2516043520941330.
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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 for Australia in Rogers v Whitaker. However, commentators, in this journal and elsewhere, have expressed concern that the disclosure obligation is unclear. Although Montgomery defines what is ‘material’ for the purpose of identifying notifiable treatment risks, it offers less guidance as to when alternative treatments will be sufficiently ‘reasonable’ to warrant disclosure. Through an analysis of Australian and UK case law and examples, this article considers the ambit of a practitioner’s duty to discuss alternatives. It concludes that although likely subject to further litigation, the identification of reasonable treatment options requiring disclosure will be influenced by the patient’s clinical condition, their prognosis and viable options from a medical perspective, and various non-clinical matters influenced by the test of materiality.
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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.
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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 the breach of a healthcare professional's duty to her or his patients. On second look, however, the opinion is an even more significant one because it reveals that the law of informed consent is now based on principles broad enough to create a duty on the part of healthcare providers to offer adequate health education to all of their patients. In Implicitly recognizing the physician's duty to educate her or his patients, the High Court's judgment is consistent with a view increasingly held In the medical and ethical communities that teaching patients about how to maintain their health is just as much a part of the doctor's function as diagnosing and treating disease. It may have taken 2,500 years for medicine to progress from, the Hippocratic notion that physicians should apply treatment to patients who are kept in blissful Ignorance of their condition and Its remedy, but there Is little doubt that medicine finally has entered a post-Hippocratic era.
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Smith, Malcolm K., and Tracey Carver. "Montgomery, informed consent and causation of harm: lessons from Australia or a uniquely English approach to patient autonomy?" Journal of Medical Ethics 44, no. 6 (March 23, 2018): 384–88. http://dx.doi.org/10.1136/medethics-2017-104273.
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The UK Supreme Court in Montgomery v Lanarkshire Health Board adopts an approach to information disclosure in connection with clinical treatment that moves away from medical paternalism towards a more patient-centred approach. In doing so, it reinforces the protection afforded to informed consent and autonomous patient decision making under the law of negligence. However, some commentators have expressed a concern that the widening of the healthcare providers’ duty of disclosure may provide impetus, in future cases, for courts to adopt a more rigorous approach to the application of causation principles. The aim would be to limit liability but, in turn, it would also limit autonomy protection. Such a restrictive approach has recently been adopted in Australia as a result of the High Court decision in Wallace v Kam. This paper considers whether such an approach is likely under English negligence law and discusses case law from both jurisdictions in order to provide a point of comparison from which to scope the post-Montgomery future.
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Suranova, T. G., S. S. Zenin, and G. N. Suvorov. "General Principles and Logic of the Legal Regulation of Genetic Research in Australia." Lex Russica, no. 7 (July 23, 2020): 69–75. http://dx.doi.org/10.17803/1729-5920.2020.164.7.069-075.
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The paper deals with the features of the legal regulation of genetic research in the Commonwealth of Australia with due regard to the state structure, national, ethical and other factors. The primary source of law in Australia is the common law articulated in judicial precedents (case law) that has recently been supplemented by acts of statutory regulation. The paper thoroughly investigates the processes of storage, access and protection of full-genome sequencing data. The authors analyze the peculiarities of functioning of the judicial system of Australia; the experience of normative consolidation of informed consent for genetic research, confidentiality of obtained information, strategic priorities in integration of the results of genetic research into Australia’s health system. The paper provides the analysis of the list of documents containing indications of cases in which medical organizations should not collect confidential information about a person. As a result of the study, the authors identify certain gaps in the normative legal regulation of genetic research and inconsistencies and contradictions of certain normative legal acts. The paper focuses on specifics of genetic research with the participation of the Aboriginal population of Australia, which, in turn, will help in the formation of the relevant legal framework in the Russian Federation.As a conclusion, the authors note that in the field of legal regulation of the processes of storage, access and protection of genetic information in Australia there is a tendency to use normative regulators. Particular attention is drawn to the normative consolidation of the priority of public interests over private interests and its reflection not only in numerous reservations and exceptions, but also in the framework of generally relevant strategic priorities. Presuming the development of the similar legal framework in the Russian Federation and taking into account the multiethnicity of the population, it should be highlighted that Australia’s experience in implementing the genetic research involving the Aboriginal population should be implemented.
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Seal, Marion. "Health advance directives, policy and clinical practice: a perspective on the synergy of an effective advance care planning framework." Australian Health Review 34, no. 1 (2010): 80. http://dx.doi.org/10.1071/ah09784.
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The delivery of quality care at the end of life should be seamless across all health care settings and independent from variables such as institutional largeness, charismatic leadership, funding sources and blind luck … People have come to fear the prospect of a technologically protracted death or abandonment with untreated emotional and physical stress. (Field and Castle cited in Fins et al., p. 1–2). 1 Australians are entitled to plan in advance the medical treatments they would allow in the event of incapacity using advance directives (ADs). A critical role of ADs is protecting people from unwanted inappropriate cardiopulmonary resuscitation (CPR) at the end stage of life. Generally, ADs are enacted in the context of medical evaluation. However, first responders to a potential cardiac arrest are often non-medical, and in the absence of medical instruction, default CPR applies. That is, unless there is a clear AD CPR refusal on hand and policy supports compliance. Such policy occurs in jurisdictions where statute ADs qualifying or actioning scope is prescriptive enough for organisations to expect all health professionals to appropriately observe them. ADs under common law or similar in nature statute ADs are open to broader clinical translation because the operational criteria are set by the patient. According policy examples require initial medical evaluation to determine their application. Advance care planning (ACP) programs can help bring AD legislation to effect (J. Cashmore, speech at the launch of the Respecting Patient Choices Program at The Queen Elizabeth Hospital, Adelaide, SA, 2004). However, the efficacy of AD CPR refusal depends on the synergy of prevailing AD legislation and ensuing policy. When delivery fails, then democratic AD law is bypassed by paradigms such as the Physician Orders for Life-Sustaining Treatment (POLST) community form, as flagged in Australian Resuscitation Council guidelines. 2 Amidst Australian AD review and statute reform this paper offers a perspective on the attributes of a working AD model, drawing on the Respecting Patient Choices Program (RPCP) experience at The Queen Elizabeth Hospital (TQEH) under SA law. The SA Consent to Medical Treatment and Palliative Care Act 1995 and its ‘Anticipatory Direction’ has been foundational to policy enabling non-medical first responders to honour ADs when the patient is at the end stage of life with no real prospect of recovery. 3 The ‘Anticipatory Direction’ provision stands also to direct appointed surrogate decision-makers. It attunes with health discipline ethics codes; does not require a pre-existing medical condition and can be completed independently in the community. Conceivably, the model offers a national AD option, able to deliver AD CPR refusals, as an adjunct to existing common law and statute provisions. This paper only represents the views of the author and it does not constitute legal advice. What is known about the topic?Differences in advance directive (AD) frameworks across Australian states and territories and between legislated and common law can be confusing. 4 Therefore, health professionals need policy clarifying their expected response. Although it is assumed that ADs, including CPR refusals at the end of life will be respected, unless statute legislation is conducive to policy authorising that non-medical first responders to an emergency can observe clear AD CPR refusals, the provision may be ineffectual. Inappropriate, unwanted CPR can render a person indefinitely in a condition they may have previously deemed intolerable. Such intervention also causes distress to staff and families and ties up resources in high demand settings. What does this paper add?That effectual AD law needs to not only enshrine the rights of individuals but that the provision also needs to be deliverable. To be deliverable, statute AD formulation or operational criteria need to be appropriately scoped so that organisations, through policy, are prepared to legally support nurses and ambulance officers in making a medically unsupervised decision to observe clear CPR refusals. This is a critical provision, given ADs in common law (or similar statute) can apply broadly and, in policy examples, require medical authorisation to enact in order to ensure the person’s operational terms are clinically indicated. Moreover, compliance from health professionals (by act or omission) with in-situ ADs in an unavoidable emergency cannot be assumed unless the scope harmonises with ethics codes. This paper identifies a working model of AD delivery in SA under the Consent to Medical Treatment and Palliative Care Act 1995 through the Respecting Patient Choices Program. What are the implications for practitioners?A clear, robust AD framework is vital for the appropriate care and peace of mind of those approaching their end of life. A nationally recognised AD option is suggested to avail people, particularly the elderly, of their legal right to grant or refuse consent to CPR at the end of life. ADs should not exclude those without medical conditions from making advance refusals, but in order to ensure appropriate delivery in an emergency response, they need to be scoped so as that they will not be prematurely enacted yet clinically and ethically safe for all health professionals to operationalise. Failure to achieve this may give rise to systems bypassing legislation, such as the American (Physician Orders for Life-Sustaining Treatment) POLST example. It is suggested that the current SA Anticipatory Direction under the Consent to Medical treatment and Palliative Care Act 1995 provides a model of legislation producing a framework able to deliver such AD expectations, evidenced by supportive acute and community organisational policies. Definitions.Advance care planning (ACP) is a process whereby a person (ideally ‘in consultation with health care providers, family members and important others’ 5 ), decides on and ‘makes known choices regarding possible future medical treatment and palliative care, in the event that they lose the ability to speak for themselves’ (Office of the Public Advocate, South Australia, see www.opa.sa.gov.au). Advance directives (ADs) in this paper refers to legal documents or informal documents under common law containing individuals’ instructions consent to or refusing future medical treatment in certain circumstances when criteria in the law are met. A legal advance directive may also appoint a surrogate decision-maker.
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McCormack, D. J., A. Gulati, and J. Mangwani. "Informed consent." Bone & Joint Journal 100-B, no. 6 (June 2018): 687–92. http://dx.doi.org/10.1302/0301-620x.100b6.bjj-2017-1542.r1.
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Our aim in this paper was to investigate the guidelines and laws governing informed consent in the English-speaking world. We noted a recent divergence from medical paternalism within the United Kingdom, highlighted by the Montgomery v Lanarkshire Health Board ruling of 2015. We investigated the situation in the United Kingdom, Australia, New Zealand, Canada, and the United States of America. We read the national guidance regarding obtaining consent for surgical intervention for each country. We used the references from this guidance to identify the laws that helped inform the guidance, and reviewed the court documents for each case. There has been a trend towards a more patient-focused approach in consent in each country. Surgeons should be aware of the guidance and legal cases so that they can inform patients fully, and prevent legal problems if outdated practices are followed. Cite this article: Bone Joint J 2018;100-B:687–92.
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Adriana Pakendek, Adriana Pakendek. "INFORMED CONSENT DALAM PELAYANAN KESEHATAN." AL-IHKAM: Jurnal Hukum & Pranata Sosial 5, no. 2 (July 21, 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. However, the patient must be responsible for any medical impacts in the future. In this case, a doctor is free from any legal actions as the result of consent refusal of patient. Key Words: informed consent, pasien dan dokter
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Crisp, Roger. "Medical Negligence, Assault, Informed Consent, and Autonomy." Journal of Law and Society 17, no. 1 (1990): 77. http://dx.doi.org/10.2307/1409956.
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Woodcock, Jeremy A., Mark V. Willings, and Patrick VA Marren. "Understanding the Issue of ‘Informed Consent’ in Dental Treatment." Primary Dental Care os11, no. 2 (April 2004): 41–47. http://dx.doi.org/10.1308/135576104773711264.
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The concept of consent to treatment is increasingly becoming contested in United Kingdom courts of law. Any practitioners who cannot demonstrate that a patient has properly consented to treatment are laying themselves open to litigation. This paper demonstrates that valid consent is not as straightforward as may be assumed and that a patient can easily challenge a standardised approach to obtaining consent. Current Department of Health guidelines on obtaining consent are discussed, and changes in the USA, Europe and Australia are brought into focus with regard to the situation in the UK.
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Ormrod, Roger. "Therapy, Battery and Informed Consent." Bulletin of the Royal College of Psychiatrists 11, no. 6 (June 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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Brassington, I. "Autonomy, Informed Consent and Medical Law: A Relational Challenge." Medical Law Review 18, no. 1 (February 18, 2010): 111–14. http://dx.doi.org/10.1093/medlaw/fwq002.
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Bowman, Deborah. "Autonomy, Informed Consent and Medical Law: A Relational Challenge." JAMA 303, no. 16 (April 28, 2010): 1648. http://dx.doi.org/10.1001/jama.2010.500.
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Sainov, Muratbek, Aigul Kulniyazova, and Ainur Sisenbaeva. "Informed Voluntary Consent of the Patient." Journal of Health Development 2, no. 42 (2021): 69–75. http://dx.doi.org/10.32921/2225-9929-2021-2-42-69-75.
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Informed consent is a patient's voluntary consent to a medical intervention, which is based on obtaining sufficient information from a medical professional in an understandable form about the options for this medical intervention, the proposed and alternative methods of diagnosis and treatment, and their health consequences. The principle of informed voluntary consent of the patient to medical intervention is one of the fundamental principles in the field of rule-making and law enforcement in the field of health protection. Keywords: informed consent, voluntary patient consent, medical intervention, patient rights, patient refusa
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Yu, Bo, Duminda Wijesekera, and Paulo Costa. "Informed Consent in Electronic Medical Record Systems." International Journal of Reliable and Quality E-Healthcare 4, no. 1 (January 2015): 25–44. http://dx.doi.org/10.4018/ijrqeh.2015010103.
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Informed consents, either for treatment or use/disclosure, that protect the privacy of patient information subject to law that in certain circumstances may override patient wishes, are mandatory practice in healthcare. Although the healthcare industry has widely adopted Electronic Medical Record (EMR) systems, consents are still obtained and stored primarily on paper or scanned electronic documents. Integrating a consent management system into an EMR system involves various implementation challenges. The authors show how consents can be electronically obtained and enforced using a system that combines medical workflows and ontologically motivated rule enforcement. Finally, the authors describe an implementation that uses open-source software based addition of these components to an open-source EMR system, so that existing systems needn't be scrapped or otherwise rendered obsolete.
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Simmonds LLB, Alex. "The UK Perspective on Informed Consent in Commercial Space Travel." Air and Space Law 45, Issue 4/5 (September 1, 2020): 367–90. http://dx.doi.org/10.54648/aila2020058.
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The Space Industry Act 2018 imposes requirements that operators of spaceflight activities obtain informed consent from individuals taking part in spaceflight activities. The Act contains no further guidance on this matter other than an indication that regulations will determine the ultimate scope of this provision. Is the definition of ‘informed consent’ within the spaceflight context to be synonymous with ‘informed consent’ in the English Medical Law context? If so, these contrasting regimes are likely to be incompatible in terms of their goal and purpose. Moreover, the United States regime, if roughly copied or imported wholesale would likewise be at odds with the position in English Medical Law. Furthermore, the present law on warnings in the context of Occupiers Liability and the rules relating to participation in dangerous sporting activities may serve to negate consent in any case, regardless of how well-intentioned or balanced the ultimate regime may prove to be. The logical position for the UK regulator (or legislator) would be to create a fresh regime of informed consent for commercial spaceflight purposes which falls categorically outside the medical law context. Law, Space, Spaceflight, Tourism, Consent
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Schachter, Debbie, Irwin Kleinman, and William Harvey. "Informed Consent and Adolescents." Canadian Journal of Psychiatry 50, no. 9 (August 2005): 534–40. http://dx.doi.org/10.1177/070674370505000906.
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Objective: To explore the doctrine of informed consent and the development of capacity in adolescents with psychiatric problems to help clinicians better reflect on the relevant ethical issues. Method: We discuss the relevant literature and explore the role of psychiatric impairment in adolescents' ability to consent. Results: In common law, there is no minimum age at which individuals are able to consent to medical treatment and no age below which they are unable to consent. Adolescents' right to self-determination is based on their ability to understand and appreciate the information relevant to the medical decision and on their ability to consent voluntarily and freely. There is a consensus in the literature that, around age 14 years, adolescents have the cognitive ability to understand information necessary for consent. However, there are limited empirical data regarding adolescents' ability to appreciate the information and to make a voluntary decision. Conclusion: Clinicians need to involve adolescents in the consent process to the extent possible and assess the elements of capacity to consent to treatment on an individual case basis, recognizing that capacity may evolve as adolescents' cognitive capacities and values mature.
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King, Jaime Staples, and Benjamin W. Moulton. "Rethinking Informed Consent: The Case for Shared Medical Decision-Making." American Journal of Law & Medicine 32, no. 4 (December 2006): 429–501. http://dx.doi.org/10.1177/009885880603200401.
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In law, with rare exception such as legislative action, change is evolutionary and methodical. Unlike biomedical science where a breakthrough can quickly lead to dramatic changes in medical practice, legal precedent is more adherent and must evolve either through the legislative process or on a court by court basis in case law. Nevertheless, compelling evidence will pave the road to change within the law. Health care research conducted over the last three decades has produced a body of empirical evidence that suggests an overhaul of our current legal standards of informed consent is overdue.This article uses health services research to examine the fundamental assumptions of our current informed consent laws and propose legal reform. Much has been written on how to bring the law to bear on medical practice in order to improve patient rights and protect physicians, but far less has been done to bring the practice of medicine to inform our legal standards. Prior legal scholarship on informed consent has made arguments regarding reform from both ethical and legal perspectives; however, only a small few have incorporated clinical and health services research as well as ethical and legal principles to analyze informed consent.
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Srinivasulu, K., and A. B. Sai Samhitha. "Study on Informed Consent in Medical Practice." Indian Journal of Forensic Medicine & Toxicology 11, no. 2 (2017): 160. http://dx.doi.org/10.5958/0973-9130.2017.00088.3.
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Leonard, Peter. "Informed consent in psychiatric practice: where does the law now stand?" Irish Journal of Psychological Medicine 28, no. 2 (June 2011): 86–90. http://dx.doi.org/10.1017/s0790966700011502.
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AbstractThere is an established ethical and legal duty upon psychiatrists to obtain informed consent before treating a patient, although some exceptions do apply under Mental Health Legislation. The required standard for informed consent has been the subject of important case law in Ireland and other common law jurisdictions and this has caused some uncertainty for clinicians. The standard of informed consent can be viewed from the point of view of what the medical profession thinks is appropriate, or alternatively from the position of what a patient would reasonably expect to be told. These contrasting approaches are discussed in detail. A recent decision of the Irish Supreme Court establishes the ‘patient-centred’ standard for informed consent as the relevant standard in Irish law. The current legal position on informed consent is discussed in relation to common clinical scenarios in psychiatric practice.
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L., J. F. "PROTECTION OF PATIENTS' RIGHTS TO PRIVACY INTERNATIONAL COMMITTEE OF MEDICAL JOURNAL EDITORS." Pediatrics 97, no. 4 (April 1, 1996): A24. http://dx.doi.org/10.1542/peds.97.4.a24.
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The following statement was agreed by the International Committee of Medical Journal Editors (the Vancouver Group) at its meeting last week in San Francisco. It is a complete revision of the initial guidelines on this subject issued in 1991. Patients have rights to privacy that should not be infringed without informed consent. Identifying information should not be published in written descriptions, photographs, or pedigrees unless the information is essential for scientific purposes and the patient (or parent or guardian) gives written informed consent for publication. Informed consent for this purpose requires that the patient should be shown the manuscript to be published. Identifying details should be omitted if they are not essential, but patient data should never be altered or falsified in an attempt to attain anonymity. Complete anonymity is difficult to achieve, and informed consent should be obtained if there is any doubt. For example, masking of the eye region in photographs of patients is inadequate protection of anonymity. The requirement for informed consent should be included in the journal's instructions for authors. When informed consent has been obtained it should be indicated in the published article. Members of the committee are: Frank Davidoff (Annals of Internal Medicine), Richard Smith (British Medical Journal), Bruce P. Squires (Canadian Medical Association Journal), George Lundberg, Richard Glass (JAMA), Richard Horton (Lancet), Martin Van Der Weyden (Medical Journal of Australia), Robert Utiger (New England Journal of Medicine), Richard G. Robinson (New Zealand Medical Journal), Magne Nylenna (Tidsskrift for den Norske Laegeforening), Linda Clever (Western Medical Journal), and Lois Ann Colaianni (National Library of Medicine).
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Belov, Sergei A., Ekaterina A. Revazova, and Ekaterina A. Rudneva. "Legal norms vs. doctors and patients’ perceptions of the content and meaning of the informed consent to medical intervеntion." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 847–64. http://dx.doi.org/10.21638/spbu14.2021.403.
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Informed consent to medical intervention represents the principle of individual autonomy, recognized in Russian law and medical practice nearly 30 years ago, but it is still viewed as controversial and even rejected. The purpose of informed consent is to provide obligatory prior notification about the consequences and risks of a medical procedure to be performed, as well as other possible options of treatment. Based on the results of anthropological and legal studies, the article focuses on issues concerning obtaining informed consent and its interpretations, comparing the meanings attributed to the document by lawyers, government agencies, courts, as well as doctors and patients. The legal nature of the consent consists in expressing a person’s will for medical intervention and his decision which cannot be made by anyone else. The meaning that patients and doctors attribute to informed consent, as shown by results of a survey and interviews, is shifting risks and responsibility for negative consequences from the medical organization to the patient. Stylistic features of the document influence its perception by ordinary citizens, resulting in fear and doubts about the doctor’s qualifications. Russian courts usually follow a formal approach when judging whether the signature reflects the patient’s real expressed will. Failure to understand the meaning of the document being signed, a circumstance that is sometimes cited when justifying an error in a transaction, is usually not recognized as sufficient. Although the document is formulated on behalf of the patient, he receives a ready-made text, containing information of a professional nature. This causes difficulties in the patient’s understanding of the document that has been drawn up on his behalf. However, when a person argues that he signed an informed consent without understanding its content, courts often do not consider his words sufficient, thus failing to stimulate medical organizations to provide a document that is catered to ordinary people’s medical and linguistic competences.
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Merz, Jon F. "On a decision‐making paradigm of medical informed consent." Journal of Legal Medicine 14, no. 2 (June 1993): 231–64. http://dx.doi.org/10.1080/01947649309510913.
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Manwaring, Kayleen. "‘Click Here to (Dis)agree’: Australian Law and Practice in Relation to Informed Consent." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 127–49. http://dx.doi.org/10.54648/gplr2022015.
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This article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little guidance. Additionally, the non-binding OAIC Guidelines, while referred to frequently in privacy determinations, appear to have little real effect in influencing the data practices of many firms. The article concludes that the current approach to regulating ‘consent’ has not provided adequate protections for consumers in light of extensive empirical evidence regarding consumer privacy preferences and attitudes regarding data practices. Australia, Data Protection, Privacy, Informed Consent
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Tatjana Ivanivna, Urkevich, and Anatoliy Anatoliyovych Lytvynenko. "THE DOCTRINE OF PATIENT’S INFORMED CONSENT IN THE LEGISLATION AND JURISPRUDENCE OF CZECH REPUBLIC, AUSTRIA AND THE LATVIAN REPUBLIC." Medicne pravo, no. 1(29) (April 15, 2022): 49–94. http://dx.doi.org/10.25040/medicallaw2022.01.049.
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The article represents the history, emergence and the contemporary state of development of the legal doctrine of the patient’s informed consent to medical interventions in Czech Republic, Austria and the Latvian Republic. The authors focus on the vaults of the doctrine of the doctor’s obligation to abstain from conducting any medical interventions without the consent, or against the will of the patient, since the expression of the patient’s will is the central element of his right to self-determination. In order to discover the main features of informed consent in the civil law perspective, the authors discuss the historical and current legal developments of the legal institute of patient’s informed consent. The authors conclude that the formation of the institute owes to the right to body integrity and limitation of the exercise of medical profession by practitioners, and that the civil law doctrine of informed consent differs from Anglo-American tort law, relying on statutory-based civil liability for negligence, as well as minor penal liability for battery, an occasional interpretation of unauthorized medical intervention. The authors emphasize, that the existing bodies of Austrian, Czech and Latvian case law relating to informed consent, which span for over a century, are sufficient to become a branch of Continental medical malpractice case law alongside with aged and well-developed French or Belgian medical jurisprudence, whereas the Latvian medical jurisprudence, despite having a rich history of emergence since the 1920s, has developed a solid body of case law in regard with patient’s rights relatively recently.
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Eutheriana, Raden Roro Anja. "INFORMED CONSENT AS A LEGAL PROTECTION FOR PATIENTS." Dentika Dental Journal 19, no. 2 (December 12, 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 (with exceptions) provided that the procedure is properly execute according to the prevailing standard of care without negligence. Approval for informed consent must be based on medical information regarding the disease from the relevant medical doctors. This matter is regulated in Article 45 of Law 29 of 2004 about medical practices. It can be concluded that an informed consent is one of legal efforts in protecting patients from medical neglect that medical doctors commited.
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Prudil, Lukáš. "Asylum Seekers and Informed Consent — European Perspective." European Journal of Health Law 18, no. 1 (2011): 37–41. http://dx.doi.org/10.1163/157180911x549199.
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AbstractFor centuries, people of various nationalities from various States have sought asylum for varied reasons. These people seeking asylum can need medical care in the host country. In this article I would like to discuss to what extent informed consent is needed, and to what extent informed consent must be sought. The problem is discussed from the perspective of European international documents, mainly on those of the Council of Europe.
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Turton, Gemma. "Informed Consent to Medical Treatment Post-Montgomery: Causation and Coincidence." Medical Law Review 27, no. 1 (June 5, 2018): 108–34. http://dx.doi.org/10.1093/medlaw/fwy026.
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Jackson, Emily. "Book Review: Autonomy, Informed Consent and Medical Law: A Relational Challenge." Medical Law International 10, no. 3 (March 2010): 239–43. http://dx.doi.org/10.1177/096853321001000304.
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Holroyd, Jules. "Alasdair Maclean, Autonomy, Informed Consent and Medical Law, A Relational Challenge." Journal of Value Inquiry 44, no. 2 (March 5, 2010): 255–62. http://dx.doi.org/10.1007/s10790-010-9207-3.
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Skegg, P. "English medical law and 'informed consent': an antipodean assessment and alternative." Medical Law Review 7, no. 2 (June 1, 1999): 135–65. http://dx.doi.org/10.1093/medlaw/7.2.135.
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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.
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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 lengthening list of suits. Some, troubled by the law's expectations, have reacted by variously describing informed consent as a myth, a fiction, an unattainable goal, or a snare to entrap physicians. They point to the legal commentary condemning informed consent law as ill-defined, diffuse, and fraught with inconsistency, hazy at its best and virtually indecipherable to physicians at its worst: and lacking a fair standard to determine when a patient has sufficient knowledge to give effective consent.
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Mellado, J. M. "Autonomy, consent and responsibility. Part II. Informed consent in medical care and in the law." Radiología (English Edition) 58, no. 6 (November 2016): 427–34. http://dx.doi.org/10.1016/j.rxeng.2016.11.001.
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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 the study of medical ethics. It is worth noting, however, that medical experimentation is neither new nor exclusive to one country. Authors in this issue address thorny subjects that span borders and patients: from matters dealing with children and vaccination to the language and perception of consent.
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WALLER, BRUCE N. "The Psychological Structure of Patient Autonomy." Cambridge Quarterly of Healthcare Ethics 11, no. 3 (May 17, 2002): 257–65. http://dx.doi.org/10.1017/s0963180102113065.
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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.
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BEAUCHAMP, TOM L. "Informed Consent: Its History, Meaning, and Present Challenges." Cambridge Quarterly of Healthcare Ethics 20, no. 4 (August 16, 2011): 515–23. http://dx.doi.org/10.1017/s0963180111000259.
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The practice of obtaining informed consent has its history in, and gains its meaning from, medicine and biomedical research. Discussions of disclosure and justified nondisclosure have played a significant role throughout the history of medical ethics, but the term “informed consent” emerged only in the 1950s. Serious discussion of the meaning and ethics of informed consent began in medicine, research, law, and philosophy only around 1972.
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Grubb, Andrew. "Medical Law—“Informed Consent” to Medical Treatment: Who Decides—The Patient or the Doctor?" Cambridge Law Journal 44, no. 2 (July 1985): 199–202. http://dx.doi.org/10.1017/s0008197300115302.
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DEL POZO, PABLO RODRÍGUEZ, and JOSEPH J. FINS. "Islam and Informed Consent: Notes from Doha." Cambridge Quarterly of Healthcare Ethics 17, no. 3 (May 21, 2008): 273–79. http://dx.doi.org/10.1017/s096318010808033x.
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Informed consent is a perennial topic in bioethics. It has given the field a place in clinical practice and the law and is often the starting point for introductory instruction in medical ethics. One would think that nearly everything has been said and done on this well-worn topic.
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Bhute, Anupama. "Informed Consent in Obstetrics and Gynecology: Indian Scenario." International Journal of Recent Surgical and Medical Sciences 03, no. 01 (June 2017): 067–71. http://dx.doi.org/10.5005/jp-journals-10053-0043.
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AbstractInformed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment. Or, in simple words, consent is agreement or permission to do or allow something. The element of consent is one of the critical issues in the area of medical treatment today. It is well known that the patient must give valid consent to medical treatment; and it is his or her prerogative to refuse treatment even if the said treatment will save their life. No doubt this raises many ethical debates and falls at the heart of medical law today. This study reviews the various provisions by the Royal College of Obstetricians and Gynaecologists for consent in obstetrics and gynecology as well as the Indian legal provisions in consent.
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Roman Damew, Erwin Januar, and Ferry Anka Sugandar. "ANALISIS YURIDIS PERSETUJUAN TINDAKAN MEDIK DI UNIT PELAKSANA TEKNIS PUSKESMAS MANIS JAYA KOTA TANGERANG." Rechtsregel : Jurnal Ilmu Hukum 3, no. 1 (August 26, 2020): 125. http://dx.doi.org/10.32493/rjih.v3i1.6624.
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Consent given by a patient (or close family or guardian) who has previously been given sufficient information about the plan of action and the risks to the action, which is conveyed by the doctor and / or other health care worker in a way that is understandable to the patient according to the level of education . However, in practice, there are health services ranging from health clinics, health centers to hospitals that have their own variations on the consent form or informed consent form. This requires specifically discussing informed consent from the aspect of civil law so that it can examine the issues of the juridical aspects of medical action approval (informed consent) appropriately in the responsibility of implementing medical practice. So that there is legal power and material substance of the informed consent used.
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Ezeuko, Mabel Ijeoma. "Nigerian laws on informed consent before a surgical procedure." Medico-Legal Journal 87, no. 4 (October 7, 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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Sutamaya, Agus Gede, Dey Ravena, and Chepi Ali Firman Zakaria. "INFORMED CONSENT AS A THERAPEUTIC AGREEMENT IN HEALTH SERVICES." Interdental Jurnal Kedokteran Gigi (IJKG) 18, no. 1 (June 25, 2022): 7–13. http://dx.doi.org/10.46862/interdental.v18i1.4306.
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Informed Consent as a legal implication of the general agreement regulated in Article 1320 BW is the embodiment of a therapeutic agreement which is included in the law of engagement, specifically a legal relationship between a number of legal subjects who bind themselves to do or not do something to another party. Therapeutic agreement is an agreement formed because of the legal relationship between doctor and patient. Legal relationship is the relationship between legal subjects or between legal subjects and legal objects, which are regulated by law. The conditions for the occurrence of a legal relationship are the existence of a legal basis, namely the legal regulations governing the relationship and the existence of legal events, namely events that have consequences regulated by law. Before giving medical treatment to the patient, based on Law no. 36 of 2009 concerning Health, Law no. 29 of 2004 concerning Medical Practice and Menistry of Health No. 585/Menkes/Per/IX/1989 concerning Approval of Medical Action which was later changed to Menistry of Health No. 290/Menkes/Per/III/2008 Regarding Medical Action Approval, doctors must obtain informed consent from their patients for medical treatment, since without that doctors can be legally blamed for their actions. This paper was made to know and understand that the informed consent is a form of therapeutic agreement in the effort of health services.
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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.
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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 management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for malpractice in medical services is being discussed by relevant circles in Turkey.
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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 (June 1, 2017): 123. http://dx.doi.org/10.24252/jurisprudentie.v4i1.3668.
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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 Practice. Keyword: Medical Services, Informed ConsentPelayanan medis sebagai salah satu dari unsur pelayanan yang sangat berperan penting didalam pemberian pelayanan kesehatan kepada pasien Didalam hubungan profesional, maka terdapat suatu kedudukan yang tidak sama atau tidak seimbang antara tenaga medis dengan pihak pasien. Pemahaman tenaga medis (dokter umum dan dokter gigi umum) di Rumah Sakit Dr. Tadjuddin Chalid tentang informed consent masih perlu ditingkatkan. Pelaksanaan informed consent di Rumah Sakit Dr. Tadjuddin Chalid Makassar belumlah terlaksana dengan baik, hal ini disebabkan karena sebagian tenaga medis belum melaksanakan Undang-Undang no 29 tahun 2004 tentang Praktik Kedokteran.Kata Kunci: Pelayanan Medis, Informed Consent
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,, Indra Darian Wicaksana, and Ambar Budhisulistyawati ,. "TINJAUAN TERHADAP DOKTER YANG MENANGANI PASIEN GAWAT DARURAT TANPA MENGGUNAKAN INFORMED CONSENT." Jurnal Privat Law 7, no. 1 (February 2, 2019): 150. http://dx.doi.org/10.20961/privat.v7i1.30148.
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<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 <br />analyzed by deduction, the analysis to draw conclusions from things that are common to be the case that <br />individual. Informed consent is mandatory before doctors perform medical procedures on patients. In the <br />absence of informed consent then there is no agreement before medical treatment. In the absence of <br />informed consent is the legal protection of the doctor and the patient is minimal and there is no agreement <br />between the patient and the doctor. Legal consequences arising in the absence of informed consent was <br />not inflict a loss of a doctor giving a feat obligation to the patient. <br />Keywords: Legal consequences; Informed Consent; Agreement; Exception</p><p>Abstrak<br />Jurnal ini bertujuan untuk mengetahui akibat hukum dari penanganan medis gawat darurat tanpa <br />menggunakan informed consent. Penelitian ini merupakan penelitian normatif yang bersifat perspektif. <br />Sebagai ilmu yang bersifat prespektif, ilmu hukum mempelajari tujuan hukum, nilai-nilai keadilan, <br />validitas aturan hukum, dan norma-norma hukum. Pendekatan penelitian ini menggunakan pendekatan <br />undang-undang. Bahan hukum penelitian ini menggunakan bahan hukum primer dan sekunder. Teknik <br />pengumpulan bahan hukum penelitian ini melalui studi kepustakaan/studi dokumen dan selanjutnya <br />dianalisis dengan teknik deduksi, analisis untuk menarik kesimpulan dari hal yang bersifat umum menjadi <br />kasus yang bersifat individual. Informed Consent merupakan hal yang wajib sebelum dokter melakukan <br />tindakan medis terhadap pasien. Dengan tidak adanya informed consent maka tidak terjadi perikatan <br />sebelum penanganan medis. Dengan tidak adanya informed consent maka perlindungan hukum terhadap <br />dokter dan pasien sangatlah minim dan tidak terdapat perikatan antara pasien dan dokter. Akibat hukum <br />yang timbul dengan tidak adanya informed consent ternyata tidak menimbulkan hilangnya kewajiban <br />dokter memberikan suatu prestasi kepada pasien. <br />Kata Kunci : Akibat Hukum; Informed Consent; Persetujuan; Pengecualian</p>
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Harrington, John A. "Privileging the medical norm: liberalism, self-determination and refusal of treatment." Legal Studies 16, no. 3 (November 1996): 348–67. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00534.x.
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In the last twenty-five years consent has emerged as central to ethical and legal thinking on medical treatment. The meaning of consent and its importance and applicability in the medical context has been tested by scholars and judges in most western jurisdictions. This essay seeks to re-examine the role of consent in medical law in England having regard to a recent series of cases concerning the refusal of treatment. By linking the law, as it has emerged from these decisions, with that developed in the 1980s concerning the doctrine of informed consent it should be possible to draw some conclusions regarding the role of law and the courts in medicine. Throughout we shall be contrasting the supposedly traditional and outdated paternalism of the medical profession with the liberal, pro-autonomy strategies of (mainly) academic commentators.
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Dai, Qingkang. "Informed Consent in China: Status Quo and its Future." Medical Law International 6, no. 1 (March 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 the course of the transformation to market economy. Nevertheless, the current Chinese laws lag behind this patients' awakening awareness and litigation culture. The resulting deficiency in Chinese laws governing medical relations has created dilemmas and chaos in the resolution of medical disputes. In conclusion, the author appeals for the amendment of Chinese law and tries to point out how it should be amended.
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Tucak, Ivana, Tomislav Nedić, and Dorian Sabo. "Medical decision-making and children." Zbornik radova Pravnog fakulteta u Splitu 59, no. 2 (July 15, 2022): 385–405. http://dx.doi.org/10.31141/zrpfs.2022.59.144.385.
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Pediatric medical decision making has been a matter of discussion for the last few decades. Generally, the currently prevailing viewpoints are that the children’s wishes should be heard and that children should be allowed to participate in medical decision-making according to their development. Those discussions do not only touch on ethical, legal and political matters, but are also based on empirical research. There are no simple answers to those large issues, especially the age limit at which children can be considered capable of giving informed consent. In that context, a balance needs to be struck between the protection of children’s interests and the respect for their “developing autonomy”. The first part of this article outlines the principle of autonomy that informed consent is based on, whereas the second part focuses on two concepts: that of parental permission and of assent of the child, both of which are well-known in the contemporary medico-legal realm. The term “assent” is commonly used in cases when individuals are not legally allowed to give informed consent but are capable of taking part in the process of medical decision-making. In the third part of the paper, three Croatian legal acts were analyzed in a context of the informed consent of the child: the Protection of Patient’s Rights Act, the Family Act and the Civil Obligations Act. The fact that several legal regulations, in particular the Protection of Patient’s Rights Act, the Family Act and the Civil Obligations Act, must be used in parallel when it comes to the issue of informed consent of a child, can be, legally speaking, quite confusing. Thus, such regulation may leave some doubts and difficulties in the immediate application, especially with regard to emergency medical interventions. In this regard, perhaps the fact of adopting a special law on the consent of children to medical procedures could be considered, or at least the provision within the Family Act or the Protection of Patient’s Rights Act, which uniformly summarizes all the above regulations.
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Mihaila, Camelia. "Informed Consent in Medical Law in the Romanian Legal System. A Comparative Law Perspective." Journal of Intercultural Management and Ethics 5, no. 2 (June 30, 2022): 37–43. http://dx.doi.org/10.35478/jime.2022.2.05.
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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 (March 16, 2020): 62–75. http://dx.doi.org/10.34010/rnlj.v2i1.2899.
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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 research showed that in general the informed consent at bandung regional public hospital had been optimally implemented and in accordance with the SOP (Standard Operating Procedure) in the hospital and there was also a General Consent, it’s a general agreement of the patient. Informed consent that has been optimally implemented and in accordance with the regulations in this hospital could protect the health staff and medical staff in carrying out medical actions on patients. For the suggestion given by researchers about health staff and medical staff have to give the socialization about the procedures of informed consent and medical staff have to understand about statute of law that exist, especially to the health staff and the hospital regulations