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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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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Rix, Keith J. B. "After a prolonged gestation and difficult labour, informed consent is safely delivered into English and Scots law." BJPsych Advances 23, no. 1 (January 2017): 63–72. http://dx.doi.org/10.1192/apt.bp.116.015990.
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SummaryIt is over 40 years since the principle of informed consent was accepted in the USA and it has been long established in other common law jurisdictions. But for decades English law has been constrained by theSidawaycase, which effectively perpetuated a form of medical paternalism. Nevertheless, a patient-centred approach can be traced to one of the judgments in that case, and in the case ofMontgomerythe Supreme Court has now adopted an approach to consent which is based on self-determination and autonomy and is more closely aligned to professional practice. It calls for a dialogue between doctor and patient, recognition of the patient's right to make a choice and recognition by the doctor of their duty to provide the comprehensible information necessary for the patient to exercise choice, having regard to what a prudent patient, in that patient's circumstances and with that patient's characteristics, would want to know.Learning Objectives• Understand how the principle of informed consent has emerged in UK law• Understand the principle of informed consent• Know how to apply the principle of informed consent to the practice of psychiatry
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Lytvynenko, Anatoliy A. "The Rise of the French Doctrine of Informed Consent: Criminal Responsibility for an Unauthorised Medical Experiment – The Case of the Antiquaille Hospital and Subsequent Notable Judgments." ATHENS JOURNAL OF LAW 7, no. 4 (September 30, 2021): 603–16. http://dx.doi.org/10.30958/ajl.7-4-10.
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The French doctrine regarding a patient’s informed consent has a long and very rich history, dating back at least to the mid-nineteenth century. Medical malpractice had become a frequent subject of criminal trials and civil litigation against physicians and surgeons in the nineteenth and early twentieth centuries, resulting in French medical case law and its academic scholarship becoming one of the most prominent throughout all the civil law jurisdictions. Simultaneously, medical malpractice lawsuits were not rare in civil or common law jurisdictions. The uniqueness of French jurisprudence lies in the development of a robust body of case law, which formed the basis for patients’ rights, and specifically informed consent and the right to medical data confidentiality. The right to informed consent is a reflection of the patient’s right to their own bodily integrity, which may not be violated for the purpose of treatment, except in an emergency. Moreover, the rule of consent is even stricter if physicians are administering experimental treatment (which is not generally banned, as it may benefit the patient), or conducting certain methods of treatment for purely scientific purposes – as was in the case of the Antiquaille Hospital in Lyon, where a dangerous and experimental method of treatment was used to treat a ten-year-old minor suffering from dermatophytosis, which was not authorised by his guardians. The case, which was adjudicated by the criminal court of Lyon, is historically one of the first legal cases to deal with unconsented treatment conducted for the purpose of a scientific experiment. Over the twentieth century, similar legal cases became more frequent in France. Keywords: informed consent, medical experiments, patient autonomy, right to bodily integrity, medical law, French law.
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Morton, Wendy J., and Michael Westwood. "Informed consent in children and adolescents." Paediatrics & Child Health 2, no. 5 (September 1, 1997): 329–33. http://dx.doi.org/10.1093/pch/2.5.329.
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Abstract Confusion persists about when a minor can give informed consent to medical treatment. Physicians may be hesitant to treat minors, even as adolescents, without first obtaining parental or guardian consent for fear of being sued for battery or negligence. However, the common law in Canada is clear that a minor can give informed consent to therapeutic medical treatment, provided heorshe can understand the information regarding the proposed treatment and can appreciate the attendant risks and possible consequences. Courts have accepted that there is no precise age at which a minor can be presumed to have the capacity to give informed consent. Each minor must be individually assessed to determine whether he or she possesses the requisite maturity and level of understanding to comprehend the nature, benefits and risks of the proposed treatment. The responsibility for determining a minor's capacity rests with the physician or another health care provider who is seeking to obtain the informed consent. In the event that legal action is taken against the physician on the grounds the minor lacked the capacity to give informed consent, the court must be satisfied that the minor did have sufficient capacity. Examples of cases where the physician was sued by either the minor or the minor's parents are included. In addition, an overview of existing provincial legislation dealing with minors and informed consent is provided.
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Carnerie, Fran. "Crisis and Informed Consent: Analysis of a Law-Medicine Malocclusion." American Journal of Law & Medicine 12, no. 1 (1987): 55–97. http://dx.doi.org/10.1017/s0098858800007413.
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AbstractMany individuals develop a temporary state of cognitive and emotional impairment after being diagnosed with catastrophic illness. Thus, when crucial decisions about medical treatment are required, they are unable to assimilate information; or worse, the legal need to be informed can rival a psychological desire to not be informed. The Canadian informed consent doctrine is unresponsive to crisis and clinically impracticable, and so paradoxically compromises the integrity and autonomy it was designed to protect. Many aspects of the physician-patient relationship and clinical setting also undermine the philosophical values enshrined in this doctrine. This further jeopardizes the individual's integrity. The Article explores proposals for change such as delaying the informing and consenting, improving the concept of consent, and improving the role of the physician.
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Heywood, Rob. "Excessive Risk Disclosure: The Effects of the Law on Medical Practice." Medical Law International 7, no. 2 (September 2005): 93–112. http://dx.doi.org/10.1177/096853320500700201.
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This article examines the debate surrounding the challenging concept of informed consent. It argues whilst the English courts have effectively excluded the use of the tort of battery as an appropriate mechanism for protecting a patient's right to self-determination, they have left the law in a state of flux due to the uncertainties associated with categorising similar claims within negligence where the onus is on risk disclosure. This confusion may stem firstly from the fact that medical practitioners are unsure exactly which risks to disclose, and secondly, from the way in which both doctors and patients perceive the consent process. The paper suggests this disorder may be having a detrimental effect on medical practice as medical practitioners are taking it upon themselves to disclose excessive information, which patient's may not want or need. A suggestion is also made that in these situations, in order that the law truly respects self-determination, consideration must be given to the patient's desire to waive their right to informed consent. ‘while all are agreed that “doctor knows best” is no longer acceptable, for some “doctor knows better” is just as outdated and paternalistic. The assumption that the doctor's knowledge is deployed to ends that are of benefit to patients is treated with suspicion.’ 1