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 ?
STANKOVITCH, OPERATIONALISATION OF FREE, PRIOR INFORMED CONSENT (2000).
Provider measures require those seeking to access genetic resources to do so only with prior informed consent of the country (and local indigenous community) and in accordance with mutually agreed terms for benefit-sharing.
The EU and its member states should take effective measures to ensure that genetic resources have been acquired in accordance with prior informed consent and on mutually agreed terms, in accordance with provider countries' national ABS legislation, as required by the ABS Protocol.
Agarwai discussed community engagement, including his recent visits to the company's zinc and aluminium operations, and emphasized Vedanta's commitment to complete transparency, responsible advocacy and mutual respect, including free prior informed consent to access natural resources and the need for ongoing dialogue with all stakeholders.
In October 2001, delegates from 102 countries gathered in Rome to prepare for the entry into force of the Rotterdam Convention on the prior informed consent procedure for certain internationally traded hazardous chemicals and pesticides, and to evaluate the voluntary implementation of the procedures.
PIC is the Prior Informed Consent Regulation which entered into force in 2014 and administers the import and export of certain hazardous chemicals and places obligations on companies who wish to export these chemicals to non-EU countries.
Regulation (EC) 689/2008 transposes into EU law the Rotterdam Convention on the prior informed consent (PIC) procedure applicable to international trade in dangerous chemicals and pesticides.
The CBD also requires that any company or country collecting natural products obtain the prior informed consent of the source country.
Free, prior informed consent (FPIC) of indigenous peoples, biodiversity conservation and protection of high conservation value forests are core principles of the fund, as articulated in its environmental, social and governance management system (ESGMS).
The governing bodies of three of the United Nations' main conventions in terms of the environment - the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade and the Stockholm Convention on persistent organic pollutants or POPs - were meeting in Bali (Indonesia), on 22-26 February, with the aim of finding synergies and rationalising their administrative practices to the greatest extent possible.
The state must have a valid lease agreement with leaders of customary land and the prior informed consent of the affected landowners.