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 ?
This Part discusses the legal history of Missouri's informed consent statute and addresses several portions of Missouri's statute that compel speech.
(iv) Where it is not a medical emergency and the parent or guardian, because of religious or other beliefs, refuses to assist the otherwise legally competent child who has given informed consent. The doctor should counsel the parent or guardian that they cannot legally refuse to assist on grounds of religion or belief.
Albert Einstein Medical Center, where they held that the duty to obtain informed consent could not be imputed to a hospital.
If, for example, an abscess requires drainage, the nature of the subject matter, ready reference to visible pathology and relatively simple surgery imply an uncomplicated informed consent process (consent for the anaesthetic is sought separately and might be more complex).
Doyal and Canpell in their article on informed consent and the practice of good dentistry have discussed a case of negligence against a dentist in British Dental journal.1 In another study done in India 64% dentist reported that they routinely take written informed consent.9 The importance of taking written consent was underlined by a Spanish study which reported that in 78% cases of dental malpractice, there was no written consent obtained.10 The Dental Council of India is concerned with maintaining ethics among dental professionals.
Eligible patients who agreed to participate in the present study were randomly assigned to two groups and completed one of two informed consent processes for cataract surgery separately.
Should informed consent be obtained to test the blood in this case?
KEY WORDS: Informed consent, Elucidation, Surgery, Medical Ethics.
In a large telephone survey, Caspi (1) found that only 57% of U.S.-based complementary and alternative medicine (CAM) organizations have any informed consent (IC) policy and that only 16% mandate their members to obtain IC from their patients.
Question: Which of the following statements regarding the doctrine of informed consent is best?