Informed Consent in Psychiatric Practice

Author(s):  
Hanfried Helmchen
2011 ◽  
Vol 28 (2) ◽  
pp. 86-90
Author(s):  
Peter Leonard

AbstractThere is an established ethical and legal duty upon psychiatrists to obtain informed consent before treating a patient, although some exceptions do apply under Mental Health Legislation. The required standard for informed consent has been the subject of important case law in Ireland and other common law jurisdictions and this has caused some uncertainty for clinicians. The standard of informed consent can be viewed from the point of view of what the medical profession thinks is appropriate, or alternatively from the position of what a patient would reasonably expect to be told. These contrasting approaches are discussed in detail. A recent decision of the Irish Supreme Court establishes the ‘patient-centred’ standard for informed consent as the relevant standard in Irish law. The current legal position on informed consent is discussed in relation to common clinical scenarios in psychiatric practice.


1979 ◽  
Vol 7 (4) ◽  
pp. 479-491 ◽  
Author(s):  
Mary C. Sherman ◽  
F.S. Abuzzahab

Psychiatry and the law interface on the issue of informed consent in a singular way, because of the nature of the psychiatric patient. In the 1970's, with the increase in societal consciousness about psychiatric treatment and commitment procedures, principles regarding informed consent in psychiatric practice have been enunciated in case law. Some fundamental conflicts between psychiatry and the law remain, however, leaving the patient in the middle. No methods of care have been designed by religious and professional groups who oppose psychiatric treatment for those patients who “refuse” treatment. Systematic research is needed to test methods of consent and contents of consent disclosure.


1989 ◽  
Vol 34 (2) ◽  
pp. 110-114
Author(s):  
Denis Morrison

This paper on informed consent and psychiatry, asks the fundamental question if informed consent doctrine applies or not to psychiatric practice. In a dialectic between systems of thought in psychiatry and law, the author stresses the importance of particular clinical situations which can be addressed or not in terms of application of informed consent doctrine. The purpose of the paper is not to give a final answer but to bring questions and stimulate thought.


2013 ◽  
Vol 16 (3) ◽  
pp. 677-682 ◽  
Author(s):  
Frederieke H. van der Baan ◽  
Rose D. C. Bernabe ◽  
Annelien L. Bredenoord ◽  
Jochem G. Gregoor ◽  
Gerben Meynen ◽  
...  

Abstract In psychiatric practice, pharmacogenetics has the potential to identify patients with an increased risk of unsatisfactory drug responses. Genotype-guided treatment adjustments may increase benefits and reduce harm in these patients; however, pharmacogenetic testing is not (yet) common practice and more pharmacogenetic research in psychiatric patients is warranted. An important precondition for this type of research is the establishment of biobanks. In this paper, we argue that, for the storage of samples in psychiatric biobanks, waiving of consent is not ethically justifiable since the risks cannot be considered minimal and the argument of impracticability does not apply. An opt-out consent procedure is also not justifiable, since it presumes competence while the decisional competence of psychiatric patients needs to be carefully evaluated. We state that an enhanced opt-in consent procedure is ethically necessary, i.e. a procedure that supports the patients’ decision-making at the time when the patient is most competent. Nevertheless, such a procedure is not the traditional exhaustive informed consent procedure, since this is not feasible in the case of biobanking.


2021 ◽  
Vol 18 (2) ◽  
pp. 3-11
Author(s):  
Dr. C. L. Narayan

2001 ◽  
Vol 6 (2) ◽  
pp. 6-8
Author(s):  
Christopher R. Brigham

Abstract The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fifth Edition, explains that independent medical evaluations (IMEs) are not the same as impairment evaluations, and the evaluation must be designed to provide the data to answer the questions asked by the requesting client. This article continues discussions from the September/October issue of The Guides Newsletter and examines what occurs after the examinee arrives in the physician's office. First are orientation and obtaining informed consent, and the examinee must understand that there is no patient–physician relationship and the physician will not provide treatment bur rather will send a report to the client who requested the IME. Many physicians ask the examinee to complete a questionnaire and a series of pain inventories before the interview. Typical elements of a complete history are shown in a table. An equally detailed physical examination follows a meticulous history, and standardized forms for reporting these findings are useful. Pain and functional status inventories may supplement the evaluation, and the examining physician examines radiographic and diagnostic studies. The physician informs the interviewee when the evaluation is complete and, without discussing the findings, asks the examinee to complete a satisfaction survey and reviews the latter to identify and rectify any issues before the examinee leaves. A future article will discuss high-quality IME reports.


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