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Academic literature on the topic 'Informed consent (Medical law) – Portugal'

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Published: 10 March 2023

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

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Cunha, C., R. Pereira, G. França, and J. Silva. "Electroconvulsive therapy and informed consent in compulsory treatment – an ethical dilemma." European Psychiatry 64, S1 (April 2021): S714—S715. http://dx.doi.org/10.1192/j.eurpsy.2021.1892.

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IntroductionGiven the effectiveness and overall safety in several psychiatry conditions, electroconvulsive therapy remains a widely used procedure in current medical practice. Informed consent is still a requirement for the use of ECT both in voluntary and compulsory treatment; however, since severe mental illness can affect decision-making capacity and insight of the need for treatment, this requirement often constitutes an obstacle to its use. In addition, stigma around ECT still contributes to treatment refusal.ObjectivesTo summarize the most recent evidence published about ECT and discuss the ethical and legal implications of its use, enlightened by the empirical description of a clinical vignette.MethodsReview of literature on the ethical and legal issues involving the ECT use in patients on compulsory treatment, considering the efficacy, risks, the mental health legislation in Portugal, and several international directives.ResultsInformed consent is the basic tenet in the contemporary physician-patient relationship. In principle, ECT can only be administered to patients who prior consent to the treatment. In contemporary practice, providing the best medical assistance and respecting the patient’s autonomy are two fundamental principles. However, we often face an ethical dilemma, when severely ill patients, whose insight, the ability for self-determination and decision-making capacity may be impaired, refuse a potential beneficial treatment as ECT.ConclusionsThe use of ECT in severe mental illness is still hampered by legal and ethical constraints. A future revision of the law could protect patients from being excluded from a treatment that may change the course of the disease.DisclosureNo significant relationships.
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Lieljuksis, Aldis. "Pacientu autonomijas krimināltiesiskā aizsardzība Latvijā: vai nepieciešama jauna norma Krimināllikumā?" SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 19 (2021): 49–66. http://dx.doi.org/10.25143/socr.19.2020.1.049-066.

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Raksts ir turpinājums problēmas izpētei par pacienta tiesību aizsardzību krimināltiesībās. Darbā izpētītas Krimināllikuma normas, kurās paredzēta ārstniecības personu atbildība par ārstniecību bez pacienta piekrišanas. Tikai Krimināllikuma 135. pantā expresis verbis paredzēta atbildība par aborta izdarīšanu pret grūtnieces gribu. Citos gadījumos atbildība var iestāties, vienīgi konstatējot ārstniecības procesā prettiesiski nodarītas vismaz vidēji smaga miesas bojājuma sekas. Tiesu nolēmumos jautājums par informētās piekrišanas esamību netiek skarts, tādēļ faktiskā situācija ir neskaidra. Jāatzīmē, ka tiesiskais regulējums ir atšķirīgs no tādām Eiropas valstīm kā Polija, Portugāle un Lihtenšteina, kur paredzēta kriminālatbildība ne tikai par pacientam nodarītu kaitējumu veselības aprūpē, bet arī par to, ja ārstniecība veikta bez pacienta piekrišanas situācijās, kad tā bija nepieciešama, jo tika prettiesiski aizskartas pamattiesības. Autora ieskatā, pētnieciskais darbs ir jāturpina, apzinot citu valstu pieredzi un faktisko situāciju pirms priekšlikumu izvirzīšanas kriminālatbildības paredzēšanai Krimināllikumā. The article is a follow-up to the study on the protection of patients’ rights under the criminal law. The article examines the provisions of the Criminal Law which legislates liability of medical practitioners for medical treatment without the patient’s consent. Only Section 135 of the Criminal Law ‘expresis verbis’ provides for liability for abortion against the will of a pregnant woman. In other cases, liability may only arise in cases where at least moderate bodily injury has been caused during medical treatment. Court judgements do not address the issue of the informed consent, consequently, the factual situation is unclear. It should be noted that the legal framework differs from such European countries as Poland, Portugal and Liechtenstein, where criminal liability is imposed not only for the harm caused to the patient in healthcare, but also for treatment without the patient’s consent in situations where it was necessary because the fundamental rights have been unlawfully infringed. The author considers that the research should be continued by identifying experience of other countries and the actual situation prior to putting forward a recommendation to impose criminal liability under the Criminal Law.
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Bento, Celeste, Luis Relvas, Umbelina Rebelo, Helena Vazão, Joana Campos, and Leticia Ribeiro. "A New Methodology To Screen Hemoglobinopathies Using Capillary Blood Samples." Blood 106, no. 11 (November 16, 2005): 5562. http://dx.doi.org/10.1182/blood.v106.11.5562.5562.

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Abstract The prevalence of β-thalassemia carriers among the Portuguese was around 2–3%, but nowadays, due to the immigrant populations coming from Africa, Brazil, East Europe and Asia, with different forms of thalassemias and Hb variants, hemoglobinopathies are much more common and with different genetic characteristics. Concerned with the risk of having an increasing number of patients with the severe forms of hemoglobinopathies, we decided to screen carriers, after personal informed consent, among pregnant women until 18-weeks of gestation and young adults attending primary care services. The goal of the project is to screen approximately 50000 blood samples in order to: know the hemoglobinopathies frequency and heterogeneity in the population living in Central Portugal (~2500000 inhabitants), and, based on these data, to develop a future cost/effective strategy for carrier identification; identify carriers to provide genetic information and counseling. In primary care medical centers there are no facilities to collect venous blood samples and we needed to establish a methodology to identify Hb variants and to correctly quantify HbA2 and Hb F in capillary blood samples, which has to be send by ordinary mail to our Lab Center. Working with the “HbA1c Capillary Collection System” from BioRad, we settled an accurate procedure to perform HPLC analysis on capillary blood stored at room temperature until 7 days after collection. To validate the technique we tested, in diverse conditions, more than 200 random and known controls samples: for the same individuals, HPLC results in capillary blood, collected with this system, and in EDTA peripheral blood samples, were identical. This methodology will detect β- and δβ-thalassemias and Hb variants; molecular characterization can be done through blood spots in filter paper (Guthrie spots) collected at the same time. Within 24–48 hours after sample reception in the Lab, results are reported to the respective physician, who is going to establish the correlation with the hematological parameters. Carriers identified through the screening will be urged to have their partner tested. If they are both carriers, they will be sent to our out patient clinic in order to evaluate the risk of having a child with a clinically significant hemoglobinopathy. If indicated, underling mutation will be identified, genetic counseling provided and prenatal diagnosis offered. The project, supported by the national program Saúde XXI/FEDER/FSE, started last April, was preceded by training sessions for doctors and nurses working in primary care centers and maternity hospitals. Brochures and posters are distributed for public information. As reported in some European surveys, we are willing to be effective in preventing the birth of affected infants with sickle cell disease and severe forms of thalassemia in Portugal.
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Stultiëns, Loes, Kris Dierickx, Herman Nys, Tom Goffin, and Pascal Borry. "Minors and Informed Consent: A Comparative Approach." European Journal of Health Law 14, no. 1 (2007): 21–46. http://dx.doi.org/10.1163/092902707x182788.

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AbstractThe European Convention on Human Rights and Biomedicine of the Council of Europe provides in article 6 for special protection of persons who are not able to give free and informed consent to an intervention in the health field, e.g. minors. According to the second paragraph of this article it is up to domestic law to decide whether and under which conditions a minor is capable of taking autonomous decisions in the health field.In the present article an overview is given of the legal regulations in place regarding the position of minors in a health care setting in the EU Member States that have ratified the European Convention on Human Rights and Biomedicine namely Cyprus, Czech Republic, Denmark, Estonia, Greece, Hungary, Lithuania, Portugal, Slovakia, Slovenia and Spain. As the overview will show, the legal position of minor patients in a health care setting varies from country to country. This in view of the system they have opted for as well as the age and circumstances under which minors are allowed to take health care decisions autonomously.
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Sosiawan, Agung, Vera Rimbawani Sushanty, Dian Agustin Wahjuningrum, and Fery Setiawan. "A case study of informed consent in Indonesian Law Number 29, 2004." Dental Journal (Majalah Kedokteran Gigi) 56, no. 1 (January 2, 2023): 1–6. http://dx.doi.org/10.20473/j.djmkg.v56.i1.p1-6.

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Background: Informed consent is an agreement between the doctor/the provider of medical services and the patient/the recipient of medical services. This relationship between these parties has changed from a paternalistic to a contractual relationship due to technological shifts. Doctors are obliged to notify the patient of all the risks and benefits of a procedure while respecting their autonomy by not intervening the decision-making process. This article will look at three government and academic hospitals in Surabaya, as informed consent has to be practiced in all medical settings. Purpose: This study aims to review the role of informed consent according to Law Number 29, 2004. Review: This study aims to discuss the characteristics of informed consent under Law Number 29, 2004, because there are too few articles addressing this issue. It also explains the roles of the patient and the doctor/dentist in informed consent according to this piece of legislation. Conclusion: According to Article 184, informed consent provides vital evidence that can be used to hold doctors and dentists legally accountable because it contains information about standard operating procedures (SOPs) that medical professionals are legally required to follow. Guidelines for informed consent are given in Law Number 29, 2004, Article 45, paragraph 2.
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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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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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Dissertations / Theses on the topic "Informed consent (Medical law) – Portugal"

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

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Informed consent is a requirement by law. Informed consent is a two part process: giving the patient sufficient information so that an educated choice can be made and obtaining assent in writing (Coy, 1989; Fiesta 1991; Sweeney, 1991;). The purpose of this study is to determine the ability to recall information and the perception of patients about the process of receiving information after signing a consent to participate in a large research trial. Patients signing consents for participation in the Breast Cancer Prevention Trial were asked to complete the surveys. Thirty three patients were asked to complete the questionnaires. Twenty - four (72%) of the respondents returned the completed questionnaires. Confidentiality will be maintained since no names or identifying markers will be used.A modified Patient Recall Survey (Casselith, Zupkis, Sutton - Smith, & March, 1980) and a modified Consent Form Survey (Casselith et al, 1980) were used. The significance of the study is that the results will assist in improving the type of information given to patients and how that information is provided. By increasing patients awareness about the need for and rights of giving informed consent patients will be more knowledgeable health care consumers. Imogene King(1981) provides the theoretical framework for this study using the concept of perceptions as the basis.The first research question illustrated that the majority of the respondents were able to recall at least three risks or complications of participation in the Breast Cancer Prevention Trial. The second research question revealed eighty - seven percent of the patients agreed that informed consents are necessary. However, 27.8 % of the respondents perceived the informed consent as a legal document to protect the physician rights, while only 19.6 % felt that the consent represented a legal document to protect patient rights. Eighty three percent of the respondents understood that a consent did not have to be signed. However, responses to a second question revealed only 21.3 % understood that the informed consent was a chance to refuse or change treatment. Results to research question 3 illustrated that patients felt that informed consents are necessary. Finally, 79.2 % of patients reported that nurses provided the majority of informed consent information. When patients are able to understand and participate in health care decisions, patients will feel more control in determining outcomes.
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Barit, Avi. "The doctrine of informed consent in South African medical law." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/60104.

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

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This thesis deals with the concept of the medical duty to inform focusing on the rights of the patient. It emerges that the notions governing medical responsibility do not adequately address the question of the protection and application of the rights of the patient. Existing conceptions of the notions of dereliction, causality and damage are analysed in order to point out the many inadequacies with the rights of the patient, source of the obligation to inform. Particular emphasis is given to the situation in Quebec and to the eventual place that could be occupied by conception of the duty to inform that is more sensitive to the situation and rights of the patient.
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Cai, Yinghong. "The legal rights in informed consent form for treatment in China." View the Table of Contents & Abstract, 2007. http://sunzi.lib.hku.hk/hkuto/record/B38478730.

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Lashley, Myrna. "Informed proxy consent : communication between surgeons and surrogates about surgery." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29068.

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Professionals whose job it is to counsel patients must be cognizant of the role played by communication in the establishment of a trusting working relationship. This is no less true for those within the medical community who must obtain informed consent for surgical interventions than it is for those working within the area of mental health. In order to determine what role communication plays in the obtaining of informed consent within a pediatrics setting, a qualitative study was conducted of 20 surrogates (those individuals giving consent on behalf of legally incompetent children) and of 5 surgeons performing surgical interventions on those children. Two sets of questionnaires were administered in order to elicit information pertaining to how surgeons communicate information to surrogates and to investigate how that information is received and processed by the surrogate. Results showed that while the obtaining of signed informed consent itself may not be a major problem, there are some difficulties in the communication between surgeons and surrogates in this domain. Based on the findings, recommendations for improved communication between surgeons and surrogates are proposed.
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Gibb, Winna. "Informed consent : a liberal perspective." Thesis, Queensland University of Technology, 1998.

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Pease-Carter, Cheyenne Minton Casey Barrio. "Preferences among student counselors regarding informed consent practices within counselor education." [Denton, Tex.] : University of North Texas, 2008. http://digital.library.unt.edu/permalink/meta-dc-6066.

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Cai, Yinghong, and 蔡映紅. "The legal rights in informed consent form for treatment in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B39724347.

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Pease-Carter, Cheyenne. "Preferences among student counselors regarding informed consent practices within counselor education." Thesis, University of North Texas, 2008. https://digital.library.unt.edu/ark:/67531/metadc6066/.

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The purpose of this study was to investigate student preferences for content, timing, and method of informed consent within counselor education programs. Participants included 115 students enrolled in counseling internship courses at six counseling programs accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP). Participants completed the Informed Consent Preferences Questionnaire (ICPQ), an instrument designed specifically for this study through systematic instrumentation development. Descriptive statistics highlighted participants' moderate to high ratings of perceived importance for an array of suggested content pieces for student informed consent. Participants varied among themselves and between items in relation to preferred timing of informed consent, and they consistently reported a desire for student informed consent to be facilitated through a combination of both oral and written methods. Results of exploratory factor analysis revealed a simple eight-factor structure within the ICPQ and suggested strong internal reliability. Correlations for participant scale scores for the eight factors revealed a variety of small to medium correlations. Results from t-test and one-way analysis of variances (ANOVA) indicated that participant preferences did not vary according to demographic variables. Finally, participants' qualitative responses revealed high levels of support for student informed consent. Findings of this study may aid counselor educators in evaluating current program informed consent practices. As a result of evaluation, counselor educators can affirm existing, and/or design new informed consent practices that accurately reflect the needs and desires of counseling students. Future researchers may also utilize the results to guide additional studies related to the practice of student informed consent.
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Kious, Brent Michael. "The evidentiary account of consent's moral significance." Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1930280011&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Books on the topic "Informed consent (Medical law) – Portugal"

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Victoria, Law Reform Commission of. Informed consent. [Melbourne: The Commission], 1987.

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

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Law Reform Commission of Victoria. Informed consent to medical treatment. Melbourne: The Commission, 1987.

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Informed consent: A tutorial. [Owings Mills, MD]: National Health Pub., 1986.

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Corsino, Bruce V. Informed consent: Policy & practice. White River Junction, VT (VAMC & ROC, White River Junction 05009): National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. White River Junction, VT (VAMC & ROC, White River Junction 05009): National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. White River Junction, VT (VAMC & ROC, White River Junction 05009): National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. White River Junction, VT (VAMC & ROC, White River Junction 05009): National Center for Clinical Ethics, 1996.

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Corsino, Bruce V. Informed consent: Policy & practice. White River Junction, VT (VAMC & ROC, White River Junction 05009): National Center for Clinical Ethics, 1996.

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National Center for Clinical Ethics (U.S.), ed. Informed consent: Policy & practice. White River Junction, VT (VAMC & ROC, White River Junction 05009): National Center for Clinical Ethics, 1996.

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

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Man, Hongjie. "Informed Consent and Medical Law." In Legal and Forensic Medicine, 865–79. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-32338-6_90.

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Golan, Ofra G. "Human Rights and Religious Duties: Informed Consent to Medical Treatment under Jewish Law." In Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law, 415–34. Berlin, Heidelberg: Springer Berlin Heidelberg, 2007. http://dx.doi.org/10.1007/978-3-540-73357-7_12.

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Jackson, Emily. "4. Informed Consent." In Medical Law, 195–236. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0004.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.
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Jackson, Emily. "4. Informed Consent." In Medical Law, 207–49. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192843456.003.0004.

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This chapter examines ‘informed consent’, and the question of how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients and then examines the legal framework that protects patients’ interests in information disclosure. The chapter also explores some alternatives to the law of tort, and the guidance produced by the medical profession.
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VS, Ashok, Gunaseelan Rajan, and Soben Peter. "Informed Consent." In Medical Law for the Dental Surgeon, 60. Jaypee Brothers Medical Publishers (P) Ltd., 2004. http://dx.doi.org/10.5005/jp/books/10517_8.

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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "Critical Approaches to the Law of Informed Consent." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0013.

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

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The translation of ethical principles into concrete requirements for physicians’ behavior has been largely a function of the courts (usually state, occasionally federal) as they consider patients’ allegations that their physicians improperly obtained their consent to treatment. To a lesser extent, state legislatures have been involved in making law in this area. The combined efforts of courts and legislatures have resulted in the creation of two legal requirements: the historical requirement that physicians obtain patients’ consent before proceeding with treatment, and the more recent requirement that physicians disclose such information to patients as will enable them to participate knowledgeably in making decisions about treatment. (Chapters 4 and 5 describe the exceptional circumstances in which some or all of the basic legal requirements do not apply.) Despite some uncertainty about the origins of legal actions for lack of consent to medical treatment, in theory, non-consensual medical treatment has always been remediable at common law (i.e., judge-made as opposed to statutory law). The law’s concern for the bodily integrity of the individual can be traced to the writ of trespass for assault and battery and to the criminal law’s proscription of homicide, battery, and mayhem (1). A similar, though less intense, concern for psychic integrity has existed for almost as long and has received increasing support in this century as evidenced by the cases recognizing causes of action in tort law for intentional and, more recently, negligent infliction of emotional distress (2, §§12, 54). Similarly, the development of the constitutional and tort law of privacy reflects the continued vitality of society’s concern for the individual’s right to be let alone, both by agents of the state and by private parties (2, §117; 3). Early medical practice codes did not speak of consent—it was more likely that a physician would conceal his actions from the patient than seek his or her consent to treatment. However, patient consent is not completely a modern legal creation. Historically, the notion that physicians must inform patients about what will be done to them has its origins in eighteenth-century English law (4).
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Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "An Agenda for the Future." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0024.

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The cornerstone of our approach to informed consent is the belief that the right of patients to authorize their own medical treatment, usually called the right to autonomy in decision making, is a moral value worth promoting. When medical care is required, patients should be met by physicians’ openness and willingness to present and discuss a variety of options, with the clear understanding that patients can play a role, if they desire, in shaping the ultimate decision. Our instinctive assumption that most patients would endorse this approach was confirmed by a large-scale study sponsored by the President’s Commission (1). Patients do want to know about and have the option of influencing the nature of their medical care, even if they may not always exercise that option (2). Our society’s deepseated traditions of respect for the integrity of the individual reinforce the importance of protecting patients’ interests in the medical decisionmaking process. Legal initiatives by themselves are insufficient to accomplish these results (see Chapter 7). Endless proposals to refine the legal mechanisms by which the doctrine of informed consent is enforced are not likely to achieve their goals. The legal rules governing informed consent operate at a level of generality that makes it difficult for physicians to take them into account in dealing with patients. Some surveys have found that physicians are completely ignorant of the operative standard for disclosure in their state (1), and others have found that even when physicians are aware of the standard, they do not apply it properly (3). More significantly, however, the medical setting seems relatively impervious to regulation in this area. Physicians and administrators have control over the structure of medical care and over the content of physician-patient interactions. Regardless of the law of informed consent, if the structure of hospital and office practice provides negligible opportunities for doctor-patient communication, little disclosure or shared decision making will occur. If physicians are resistant to the moral imperatives of informed consent, tinkering with standards of disclosure is unlikely to affect their behavior.
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9

Berg, Jessica W., Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker. "Patients Who Refuse Treatment." In Informed Consent. Oxford University Press, 2001. http://dx.doi.org/10.1093/oso/9780195126778.003.0018.

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From its inception, the law of informed consent has been based on two premises: first, that a patient has the right to receive sufficient information to make an informed choice about the treatment recommended; and second, that the patient may choose to accept or to decline the physician’s recommendation. The legitimacy of this second premise should be underscored because it is too often belied by the everyday language of medical practice. Getting a consent is medical jargon that implies that patient agreement is the only acceptable outcome. Indeed, the term informed consent itself suggests that patients are expected to agree to be treated rather than to decline treatment. Unless patients are viewed as having the right to say no, as well as yes, and even yes with conditions, much of the rationale for informed consent evaporates. Nonetheless, the medical profession’s reaction to patients who refuse treatment often has been less than optimal. The right to refuse treatment is frequently ignored in practice because it is inconsistent with the history and ethos of medicine (1,2). Physicians are trained to treat illness and to prolong life; situations in which they cannot do either—not because of limitations of knowledge or technology, but because patients or third parties reject their recommendations for care—evoke profound feelings of frustration and even anger. It would not be too much to suggest that these confrontations challenge an essential element of the medical identity. Physicians’ reactions to these situations are varied. Some will contend with patients over their refusal, while others, having assimilated a distorted version of patients’ right to refuse treatment, may too quickly abandon their patients to the consequences of their choices, thereby depriving them of the guidance for which patients traditionally have turned to their physicians. Regardless of the quality of care offered to patients or the degree of concern of those who treat them, some patients will have reasons of their own to decline treatment. Before considering how clinicians might respond to these situations, this chapter reviews the status of the law regarding treatment refusal, surveying a legal landscape that has seen dramatic changes in the last decade.
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Jackson, Emily. "12. Organ Transplantation." In Medical Law, 652–716. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192843456.003.0012.

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This chapter discusses organ transplantation. It first considers cadaveric donation, looking at who can become a donor, and which organs can be taken. England, Scotland, and Wales have introduced opt-out systems, which means that if someone has not opted out, their consent to organ donation will be deemed. It then turns to living organ donation, looking at informed consent and the legitimacy of incentives. Finally, it considers the ethical, practical, and legal obstacles to animal-to-human transplantation.
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Conference papers on the topic "Informed consent (Medical law) – Portugal"

1

Kuntardjo, Carolina, and Agus Hernoko. "TRANSPARENCY PRINCIPLES IN INFORMED CONSENT OF SURGICAL PROCEDURES TO REDUCE MEDICAL DISPUTE RISK." In International Conference on Law, Governance and Globalization 2017 (ICLGG 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclgg-17.2018.9.

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2

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

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Since 1993, the requirement to obtain informed consent from a patient before a medical intervention has not been properly implemented to date. This is partly due to the wording of a number of articles of the current Federal Law of November 21, 2011 № 323-FZ and orders of the Ministry of Health of the Russian Federation, which set the trend for profanity in informing the patient. Evasion of the doctor from proper informing the patient creates the prerequisites for the doctor to commit acts falling under the Criminal Code, as well as in civil proceedings.
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3

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

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4

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

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5

Kačer, Blanka, and Hrvoje Vojković. "Pravno adekvatna uzročnost u slučajevima građanskopravne odgovornosti zbog povrede medicinskog standarda (uključujući informirani pristanak na temelju podataka dobivenih od robota)." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.633k.

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In the context of the civil law liability for medical malpractice, the concept of legally adequate causality in Croatian, Serbian and Slovenian law practice is a synthesis of several legally theoretical approaches and includes elements of the theory of natural (factual causality) and the theory of the protective aim of the norm. In this sense, the theory of legally adequate causality appears as the optimal legal construct for the determination of legally relevant causality, since the application of each of the above theoretical models does not separately determine the closest possible cause - causa proxima. Only by interpolating the concepts of factual causation and the protective objective of the norm within the legal construction of adequate causality, do real assumptions be made to establish a legally relevant cause with the characteristic of a qualified degree of probability. Adequate causation theory is an advanced theory of natural causation that combines essential elements of other causal models, thus enables the effective and credible identification of the closest and adequate cause whose regular effect is attributed to a certain harmful consequence. At the end of the paper, doubts were raised regarding the (in)applicability of the conclusions (all or part) to the no-fault liability where the causal nexus was differently regulated, and to the role of the robot in informed consent. At the end of the paper, doubts were raised regarding the (in)applicability of the conclusions (all or part) to the no-fault liability where the causal nexus was differently regulated, and to the role of the robot in informed consent.
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6

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

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Convention on the Rights of the Child or the European Convention on Human Rights, are beginning to be directly adjusted to the this Convention. From the aspect of recognition and exercising of the rights of children with disabilities, the issue of accessibility to health care services is especially important. It insists on the application of the principles of reasonable accommodation, accessibility and non-discrimination so that children with disabilities have access to health care facilities on an equal basis with other children. This implies significant involvement of the state, local community and family in order to remove social and infrastructural barriers. Furthermore, the UN Committee on the Rights of Persons with Disabilities calls for an absolute ban on the forced detention and placement of children in health care facilities, while there is a very negative attitude towards the care of children with disabilities in social protection institutions. In this regard, an amendment to the domestic Law on the Protection of Persons with Mental Disabilities is required. According to the social model of disability, the family environment with the appropriate and effective support of the local community is a necessary environment for the realization of the rights of children with disabilities. When it comes to the consent of a child with a disability to a medical treatment, it is necessary to determine the child's capability to form views, as in the case of other children. In that sense, the mentioned child should be provided with appropriate assistance and support to express his / her views. This support consists primarily in the way in which the child is informed about the proposed medical treatment.
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