Family coercion and valid consent

1986 ◽  
Vol 7 (2) ◽  
pp. 123-126 ◽  
Author(s):  
Stephen D. Mallary ◽  
Bernard Gert ◽  
Charles M. Culver
Keyword(s):  
Valid Consent

scholarly journals Gender dysphoria in adolescents: can adolescents or parents give valid consent to puberty blockers?

2021 ◽  
pp. medethics-2020-106999
Author(s):  
Simona Giordano ◽  
Fae Garland ◽  
Soren Holm
Keyword(s):  
Gender Dysphoria ◽  
Pubertal Development ◽  
Hormonal Treatment ◽  
Conveyor Belt ◽  
Decision Makers ◽  
Healthcare Settings ◽  
Gender Diverse ◽  
Valid Consent ◽  
Diverse Youth

This article considers the claim that gender diverse minors and their families should not be able to consent to hormonal treatment for gender dysphoria. The claim refers particularly to hormonal treatment with so-called ‘blockers’, analogues that suspend temporarily pubertal development. We discuss particularly four reasons why consent may be deemed invalid in these cases: (1) the decision is too complex; (2) the decision-makers are too emotionally involved; (3) the decision-makers are on a ‘conveyor belt’; (4) the possibility of detransitioning. We examine each of these reasons and we show that none of these stand up to scrutiny, and that some are based on a misunderstanding of the nature and purposes of this stage of treatment and of the circumstances in which it is usually prescribed. Moreover, accepting these claims at face value could have serious negative implications, not just for gender diverse youth, but for many other minors and families and in a much broader range of healthcare settings.

scholarly journals Conditional Consent

2021 ◽  
Author(s):  
Karamvir Chadha
Keyword(s):  
Sexual Intercourse ◽  
Moral Claim ◽  
Valid Consent ◽  
English Law

AbstractThere are two distinct ways for someone to place conditions on their morally valid consent. The first is to place conditions on the moral scope of their consent—whereby they waive some moral claim rights but not others. The second is to conditionally token consent—whereby the condition affects whether they waive any moral claim rights at all. Understanding this distinction helps make progress with debates about so-called “conditional consent” to sexual intercourse in English law, and with understanding how individuals place conditions on their morally valid consent in other contexts.

Obtaining valid consent

2006 ◽  
Vol 32 (4) ◽  
pp. 259-260
Author(s):  
Eva Jungmann
Keyword(s):  
Valid Consent

scholarly journals Legal Aspects in Obstetric Anesthesia

2016 ◽  
Vol 10 (2) ◽  
pp. 3-9
Author(s):  
S Chattopadhyay ◽  
A Rudra ◽  
M Ray ◽  
S Sengupta ◽  
S Goswami
Keyword(s):  
High Risk ◽  
General Anesthesia ◽  
Obstetric Anesthesia ◽  
Legal Aspects ◽  
Routine Practice ◽  
Good Doctor ◽  
Surgical Safety ◽  
Valid Consent ◽  
Headache Pain ◽  
Time Of Admission

Obstetric anesthesia is a particularly high-risk sub-specialty of anesthesia and may lead to serious morbidities and even mortality. Good doctor-patient relation from the time of admission till discharge is the most important factor to avert future litigations. Any procedure done or planned should be clearly documented. Documentation should start with a valid consent in the patient’s own language, and have all three components of voluntariness, capacity and knowledge. A ‘Surgical Safety’ checklist is particularly helpful in documentation and decreasing errors. Safety of the mother (and her child) is paramount. Both regional as well as general anesthesia, either inadvertently or if not administered properly may be associated with morbidities like headache, pain and emotional distress. However, deaths do occur and general anesthesia is associated with care should be routine practice and inculcated by everyone involved in patient care.

Consent in elective joint replacement surgery: are we doing enough?

Clinical Risk ◽  
2007 ◽  
Vol 13 (4) ◽  
pp. 131-132
Author(s):  
Atif Waheed ◽  
Kamran Ahmed ◽  
Sameh Ansara ◽  
Shivanand S Geeranavar
Keyword(s):  
Joint Replacement ◽  
Best Practice ◽  
Good Practice ◽  
Limited Extent ◽  
Joint Replacement Surgery ◽  
Replacement Surgery ◽  
Written Information ◽  
National Guidance ◽  
Valid Consent ◽  
British Orthopaedic Association

A substantial number of clinical negligence claims arise from a failure to adequately advise patients prior to surgery. It is important for surgeons at all levels to maintain good practice in obtaining consent and to recognize that the standards against which they are judged in litigation have changed in recent years. Consent is a process rather than an event and evidence of valid consent includes the surgeon's letters, oral and written information given to the patient and, to a limited extent, the consent form. We retrospectively audited the documentation relating to consent in the case notes of 50 patients undergoing elective joint replacement surgery between August 2004 and March 2005, and found that documentation was generally inadequate. We recommend that there should be national guidance on complications for standard elective joint replacement procedures. This could be incorporated into the best practice guidance on joint replacement surgery published by the British Orthopaedic Association.

Effective use of Translation Services in Dentistry

Dental Update ◽  
2021 ◽  
Vol 48 (3) ◽  
pp. 213-215
Author(s):  
Kajal B Patel ◽  
Emma G Walshaw ◽  
Naeem I Adam
Keyword(s):  
Secondary Care ◽  
Patient Autonomy ◽  
Freedom Of Information ◽  
The United Kingdom ◽  
Valid Consent ◽  
Translation Services ◽  
Dental Setting ◽  
Effective Use ◽  
The Cost ◽  
Information Requests

Translation services are central to effective communication with patients unable to speak English, or with hearing impairment. This article gives an overview of the cost of translation services in key secondary care locations and provides guidance on how best to optimize their use clinically. Freedom of information requests were made to 20 dental hospitals in the United Kingdom to ascertain the number and cost of interpreter and sign-language appointments. We highlight the importance of using these necessary but costly services effectively. CPD/Clinical Relevance: Guidance is given on how to best use translator services in a dental setting, better ensuring valid consent and promoting patient autonomy.

5 Formal Requirements for Valid Consent to Direct Military Assistance

2020 ◽  
Author(s):  
De Wet Erika
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
The Political ◽  
Legal Basis ◽  
Military Assistance ◽  
Customary International Law ◽  
Head Of State ◽  
Valid Consent ◽  
Formal Requirements ◽  
Domestic Law

This chapter explores potential formal requirements that may affect the validity of consent to direct military assistance. Customary international law only imposes two specific, formal limitations on the legal construct of military assistance on request. The first would be that the request for or consent to military assistance must be issued (and withdrawn) by the highest officials of a state, namely, the head of state and/or government. Where these two positions are not combined within the same person and there is disagreement between them as to whether consent exists, the domestic law of the country in question may be decisive in determining who has the final say in the matter. However, such disagreement between the two highest state officials is likely to be an indication of the political fragility of the consent, which should caution against relying exclusively on consent as the legal basis for the forcible measures. The second constraint imposed by customary international law concerns the requirement that ex ante consent as expressed in pro-invasion treaty clauses must be complemented by ad hoc consent at the time of the forcible measures. Apart from these two constraints, customary international law does not seem to impose any particular formal requirements on states expressing consent to forcible measures on its territory.

Understanding the Issue of ‘Informed Consent’ in Dental Treatment

2004 ◽  
Vol os11 (2) ◽  
pp. 41-47 ◽  
Author(s):  
Jeremy A Woodcock ◽  
Mark V Willings ◽  
Patrick VA Marren
Keyword(s):  
United Kingdom ◽  
Informed Consent ◽  
Dental Treatment ◽  
Department Of Health ◽  
Valid Consent ◽  
Consent To Treatment ◽  
The Usa ◽  
The Uk

The concept of consent to treatment is increasingly becoming contested in United Kingdom courts of law. Any practitioners who cannot demonstrate that a patient has properly consented to treatment are laying themselves open to litigation. This paper demonstrates that valid consent is not as straightforward as may be assumed and that a patient can easily challenge a standardised approach to obtaining consent. Current Department of Health guidelines on obtaining consent are discussed, and changes in the USA, Europe and Australia are brought into focus with regard to the situation in the UK.

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