Informed Consent

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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
So marriage should go back to the Church, and all consenting adults who are currently, or wish to be, contracted life partners should have State-enforceable partnership contracts available, irrespective of gender or sexuality.
In his conclusion, Schlosser expresses "a suspicion of all absolute theories and a strong belief in thought that knows its limits." And he offers remedies to the problems he outlined: a regulatory system of "fewer laws, strictly enforced," the decriminalization of pot, an increase in the minimum wage, and a government that minds its own business when it comes to what consenting adults do behind closed doors.
Sex is not merely a private matter between two consenting adults. Yes, of course, it is one of the most private of privacies, and it should never be without consent.
A basic premise of our legal system is that sexual relations may occur between two consenting adults, which presumes an individual's rationality and competence in the absence of definitive contrary evidence.
Carol lanuzzo, social services director at Penn Ya Manor Nursing Home in New York, points out, "Today, by state law, facilities must accommodate privacy needs of consenting adults. Some people still think residents shouldn't have sex at their age.
Nevertheless, at the 1987 ICM, a resolution offered by the Dutch, calling for prisoners of conscience to include those who are incarcerated "solely for acts in private between consenting adults," failed to pass.
Consenting Adults (1980), Sauce for the Goose (1981), and Slouching towards Kalamazoo (1983) -- DeVries has applied his antic humor to the foibles and excesses of affluent middle - class exurbanites.
27 (ANI): A khap panchayat in Uttar Pradesh on Tuesday opposed the Supreme Court ruling on their interference in the marriage of two consenting adults.
On the other hand, isn't the main argument for same sex marriage that two consenting adults should have the right to unite as partners in a loving relationship?
The fundamental debate is whether consenting adults have a right to decide what to do with their own bodies and property, and whether government has a right to violate individual rights in the name of "public health" (or anything else).
Instead it sets life imprisonment as the penalty for a homosexual act where one of the partners is infected with HIV, sex with minors and the disabled, as well as repeated sexual offences among consenting adults.