Informed Consent

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Related to Legal consent: age of consent

Informed Consent

Assent to permit an occurrence, such as surgery, that is based on a complete disclosure of facts needed to make the decision intelligently, such as knowledge of the risks entailed or alternatives.

The name for a fundamental principle of law that a physician has a duty to reveal what a reasonably prudent physician in the medical community employing reasonable care would reveal to a patient as to whatever reasonably foreseeable risks of harm might result from a proposed course of treatment. This disclosure must be afforded so that a patient—exercising ordinary care for his or her own welfare and confronted with a choice of undergoing the proposed treatment, alternative treatment, or none at all—can intelligently exercise judgment by reasonably Balancing the probable risks against the probable benefits.

informed consent

n. agreement to do something or to allow something to happen only after all the relevant facts are known. In contracts, an agreement may be reached only if there has been full disclosure by both parties of everything each party knows which is significant to the agreement. A patient's consent to a medical procedure must be based on his/her having been told all the possible consequences, except in emergency cases when such consent cannot be obtained. A physician or dentist who does not tell all the possible bad news as well as the good, operates at his/her peril of a lawsuit if anything goes wrong. In criminal law, a person accused or even suspected of a crime cannot give up his/her legal rights such as remaining silent or having an attorney, unless he/she has been fully informed of his/her rights. (See: consent, Miranda warning)

References in periodicals archive ?
The age of legal consent has fluctuated throughout history, and still differs among the states.
Statutory rape is non-forced, mutually consenting intercourse where the state has declared an inappropriate age discrepancy between partners and denied legal consent.
As a result we have decided not to dispense to those under the age of 16 - the age of legal consent.
Mounting the legal challenge, the Foundation for Children, Youth, and the Law staged a successful campaign to lower the Canadian age of legal consent for homosexual acts to 14.
Those scholars who emphasize legal consent generally limit their discussion to issues surrounding the need to protect patients from "fraudulent misrepresentation"; that is, to whether the patient was well enough informed to have given a true and valid consent to the procedure.
However, despite the legal consent and the successful experiences of some municipalities in cooperating with the private sector, this fiscal resource remains under-utilized.
Thirteen, however, is below the age of legal consent in Oregon.
We are working very closely with the Environment Agency which regulates the rivers and in shore waters to ensure that they meet water quality standards and that any discharge meets the legal consent.