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 ?
The age of legal consent has fluctuated throughout history, and still differs among the states.
Professor Westen takes pains to remind his readers throughout his chapters on factual consent that a finding of factual consent does not exhaust the question of whether there was legal consent, for while factual attitudinal consent is a core requirement for legal consent, it is not sufficient for legal consent, and hence, we need not fear that in saying that Wilson factually consented to intercourse we are simultaneously saying that she was not raped.
The legal consent age is set at a minimum of 18 years in states such as Arizona, California, Idaho, Massachusetts, Nevada, Okhlahoma and Tennessee.
The BASC have the knowledge and ability to cull the birds on behalf of angling interests who have been allowed to do so by obtaining the necessary legal consent, and they will even help anglers complete the application forms.
Although many doctors prefer it if both partners are happy about any sterilisation procedure, legal consent of one partner is not a requirement, but do make sure that you've had plenty of time to talk if your husband sticks to his guns about having the op.
"In this case, the athlete concerned was above the age of legal consent and, as her parents are and were aware of the relationship, Scottish Swimming now believe that this is a private matter.
Another important issue is that legal consent must be obtained prior to hospitalization.
However, despite the legal consent and the successful experiences of some municipalities in cooperating with the private sector, this fiscal resource remains under-utilized.
Many publications, including organizations that institute paywalls to access their site, warn against children and teenagers accessing their "services." The ( Miami Herald and ( U-T San Diego disallow users under 18 6 ( even NPR doesn't allow teenagers to access its "services" without legal consent, and even after that, don't allow them to "submit any User Materials."
On Monday, Adams issued a letter admitting that he and Breedlove had a sexual relationship that began shortly after Breedlove turned 18, the age of legal consent. He also said that Breedlove had lied at his request to confirm his earlier version of events.
"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.
Hutchison married Courtney Stodden when she was only 16 years old after she got legal consent from her parents to enter a "pure union" with the actor.