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.

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 ?
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).
In the light of the above literature review it was thought important to investigate how informed consent is obtained from dental patients in the daily practice of dental practitioners.
Another area where informed consent is under renewed scrutiny is in research.
When a potential research subject who is deemed incapable of giving informed consent is able to give assent to decisions about participation in research, the physician must seek that assent in addition to the consent of the legally authorized representative.
Taking a signature on the bottom of an informed consent form is not enough to say that this important part of medical ethics is applied in the hospital.
The doctrine of informed consent focuses on the reasonableness of the physician's disclosures to the patient (Johnson by Adler v.
The complexity of ensuring informed consent is highlighted, by the evidence that RCT participants do not understand at least some aspects of RCTs despite signing informed consent forms and the availability of ethical guidelines internationally (Brown, Butow, Butt, Moore, & Tattersall, 2004; Flory & Emmanuel, 2004; Joffe, Cook, Clearly, Clark, & Weeks, 2001).
Despite the fact that filming of informed consent process is not common among clinical researchers worldwide, some Indian CROs have already been hying to implement the procedure as a safeguard (see this column in the June 2012 issue of CONTRACT PHARMA).
As explained below, a lawyer is not permitted to allow a title insurance company to audit the special trust account used exclusively for real estate and title transactions if the special trust account holds funds for client transactions that are unrelated to the title insurer requesting the audit, unless the affected clients give informed consent or an exception to the confidentiality rule applies.
Informed Consent to Psychoanalysis: The Law, the Theory, and the Data offers a psychoanalytic focus on the idea of 'informed consent', which has changed health service delivery in the U.