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 ?
On April 28, 2010, the NCIP Free and Prior Informed Consent (FPIC) Team recommended the issuance of the certification for precondition noting the overwhelming approval of the Palawan tribes and the directly affected areas of the mining operations.
The Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous Chemicals and Pesticides in international trade provides Parties with a first line of defence against hazardous chemicals.
The protocol requires the developing countries to adopt or improve national legislation on access to and sharing of benefits before making it mandatory for user countries to comply with prior informed consent obligations.
The 1998 Rotterdam Convention established the principle of prior informed consent, under which countries have the right to full disclosure of hazardous ingredients in pesticide donations or purchases.
Outsiders seeking to undertake such activities must secure first the concurrence of the affected communities embodied in the free and prior informed consent (FPIC) of the binodngans as required by Republic Act 8371 or the Indigenous Peoples Rights Act.
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.
Kadatar cited the failure of CNC and its partners to present a free and prior informed consent (FPIC) of the affected cultural community as required by law for prospective miners on ancestral lands.
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.

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