scholarly journals Assault and Battery, or Legitimate Treatment?

Gesnerus ◽  
2000 ◽  
Vol 57 (3-4) ◽  
pp. 206-221
Author(s):  
Andreas-Holger Maehle
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Physical Injury ◽  
Medical Interventions ◽  
German Speaking ◽  
Legal Justification ◽  
Assault And Battery ◽  
The Way

In response to cases of high handed medical interventions and treatments, a debate on the legal justification of operations and the relevance of patients’ consent developed among German-speaking jurists in the 1890s. The view that surgery was objectively physical injury or battery, which went merely unpunished through the patient’s consent, was highly contested among legal experts and firmly rejected by doctors. Various proposals to justify indicated medical treatment without consent were discussed. German jurisdiction, however, endorsed the battery theory of medical interventions and thus prepared the way for the concept of informed consent in medicine.

Medical Liability and Liability of Health Institutions in Turkish Law

2007 ◽  
Vol 14 (4) ◽  
pp. 355-367 ◽  
Author(s):  
Ergun Özsunay
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Administrative Law ◽  
Medical Intervention ◽  
Professional Standards ◽  
Medical Liability ◽  
Private Hospitals ◽  
Medical Interventions ◽  
Malpractice Liability ◽  
Health Institutions

AbstractThis article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for malpractice in medical services is being discussed by relevant circles in Turkey.

Informed Consent Revisited

1996 ◽  
Vol 5 (2) ◽  
pp. 214-220 ◽  
Author(s):  
Amnon Goldworth
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Clinical Setting ◽  
Relevant Information ◽  
Best Interests ◽  
Limited Capacity ◽  
Legal Requirement ◽  
Good Level ◽  
Level Of Understanding ◽  
The Way

More than three decades after its introduction as a legal requirement for medical treatment in the clinical setting, informed consent continues to be viewed with skepticism as to its need or effectiveness. Some maintain that it is not required because the ordinary individual believes that doctors can be trusted to behave In the best interests of their patients. This issue will be discussed in a later portion of this article. Others are persuaded that informed consent is an unattainable ideal given the limited capacity of the ordinary individual to understand the relevant information. This view is supported by studies intended to show that satisfactory understanding on the part of patients cannot be achieved. In rebuttal, Apple-baum, Lidz, and Meisel observed that:Such statements are easily refuted by reference to studies of situations in which reasonable comprehension actually has been achieved. A sounder interpretation of all these studies might be that patients and subjects can attain a good level of understanding in many cases, but that several factors — including the manner in which disclosure is made as well as patients' limitations — may get in the way.

Fremdnützige Forschung und Sterbehilfe bei nichteinwilligungsfähigen Personen

1999 ◽  
Vol 43 (1) ◽  
pp. 98-122
Author(s):  
Johannes Fischer
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Main Condition ◽  
Medical Interventions

Abstract A main condition for medical treatment is considered to be the »informed consent« of the patient. This criterion protects his/her autonomy. In certain cases, however, it is not applicable, since the patient is not able to give his consent. This may lead to the discrimination of a considerable group of patients, where medical interventions must be refrained from, because of the lacking consent of the persons in question. This concems especially research for the benefit of others and euthanasia. Basing on the concept of the person, this paper develops criteria which should be applied if »informed consent« is not applicable

Ethics in Social Research

2018 ◽  
Author(s):  
Steve Bruce
Keyword(s):  
Informed Consent ◽  
Data Collection ◽  
Research Ethics ◽  
Social Research ◽  
Medical Interventions ◽  
Ethical Implications ◽  
Social Researcher ◽  
Naturally Occurring ◽  
The Social ◽  
Collection Phase

It is right that social researchers consider the ethical implications of their work, but discussion of research ethics has been distorted by the primacy of the ‘informed consent’ model for policing medical interventions. It is remarkably rare for the data collection phase of social research to be in any sense harmful, and in most cases seeking consent from, say, members of a church congregation would disrupt the naturally occurring phenomena we wish to study. More relevant is the way we report our research. It is in the disparity between how people would like to see themselves described and explained and how the social researcher describes and explains them that we find the greatest potential for ill-feeling, and even here it is slight.

Crisis and Informed Consent: Analysis of a Law-Medicine Malocclusion

1987 ◽  
Vol 12 (1) ◽  
pp. 55-97 ◽  
Author(s):  
Fran Carnerie
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Clinical Setting ◽  
Patient Relationship ◽  
Physician Patient Relationship ◽  
Catastrophic Illness ◽  
Physician Patient ◽  
Emotional Impairment

AbstractMany individuals develop a temporary state of cognitive and emotional impairment after being diagnosed with catastrophic illness. Thus, when crucial decisions about medical treatment are required, they are unable to assimilate information; or worse, the legal need to be informed can rival a psychological desire to not be informed. The Canadian informed consent doctrine is unresponsive to crisis and clinically impracticable, and so paradoxically compromises the integrity and autonomy it was designed to protect. Many aspects of the physician-patient relationship and clinical setting also undermine the philosophical values enshrined in this doctrine. This further jeopardizes the individual's integrity. The Article explores proposals for change such as delaying the informing and consenting, improving the concept of consent, and improving the role of the physician.

Certified Patient Decision Aids: Solving Persistent Problems with Informed Consent Law

2017 ◽  
Vol 45 (1) ◽  
pp. 12-40 ◽  
Author(s):  
Thaddeus Mason Pope
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Medical Treatment ◽  
Shared Decision Making ◽  
Decision Aids ◽  
Shared Decision ◽  
Legal Doctrine ◽  
Patient Decision Aids ◽  
Patient Decision ◽  
Decision Making Processes

The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.

scholarly journals Virtual exchange: Romania and Hungary 100 years later

2020 ◽  
pp. 37-46
Author(s):  
Andra Cioltan-Drăghiciu ◽  
Daniela Stanciu
Keyword(s):  
Teaching Method ◽  
Academic Field ◽  
German Speaking ◽  
Different Levels ◽  
The Way

The aim of this Virtual Exchange (VE) project was to bring together students from the Andrássy Gyula German speaking university (AUB) in Budapest, Hungary, and Lucian Blaga University in Sibiu (LBUS), Romania, in order for them to get to know their neighbors and reflect on the way the end of WWI is remembered 100 years later. In this case study, we discuss the way we conceived the three iterations of the VE (2018-2020), the challenges we faced on different levels, as well as the value of this teaching method for the academic field of history.

Doctors and Teachers

2021 ◽  
pp. 94-101
Author(s):  
Dominic Scott ◽  
R. Edward Freeman
Keyword(s):  
Informed Consent ◽  
Case Studies ◽  
Doctor Who ◽  
Short Term ◽  
Combined Model ◽  
Rational Persuasion ◽  
The Way

This chapter examines the way the models of the doctor and the teacher can be combined, where the leader as doctor makes their remedies more palatable to their followers by rational persuasion. The first part describes this combined model in Plato’s last work, the Laws, where the legislator is compared to a doctor who listens to his patients and then educates them about the nature and origin of their disease. Combining the two models anticipates our notion of ‘informed consent’: if the patient/follower is addressed rationally, they will be more inclined to take the remedy. The second part uses two case studies from previous chapters: Roy Vagelos, who appeared as an example of the corporate doctor, can also been seen as a teacher; and Indra Nooyi, who educated her stakeholders at Pepsi and can be seen as a corporate doctor, trying to ween the company off short-term thinking.

The Limits of Informed Consent

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Free Speech ◽  
Due Process ◽  
Patient Adherence ◽  
Disease Process ◽  
Outcomes Of Care ◽  
Good Government ◽  
Due Process Of Law ◽  
Involuntary Care

It will come as no surprise to anyone who has read this far to know that we are enthusiastic supporters of informed consent. We believe that entitlement to adequate information and the right to make choices about one’s medical treatment are fundamental ethical rights that are every bit as important in the healthcare arena as, for example, free speech and due process of law are in the wider society. Moreover, informed consent does not merely have deontological value. We have argued that, if done correctly, informed consent can often lead to better doctor-patient relationships, better patient adherence to treatment plans, and a fuller understanding of the disease process on the part of the healthcare provider. Yet it is also important to understand the limits of informed consent so we do not try to make it do what it cannot do. For example, although informed consent may help in managing treatment, by itself it does not cure illness. The claims that have been made for informed consent, however, are sometimes almost that extravagant. Informed consent has been suggested as the means to protect patients from poor care (1-3), including involuntary care (4), and as a means to improve the outcomes of care (5,6). It has been proposed as the solution to the problems of nursing homes (7) and as a device for compensating patients who are harmed by poor medical treatment (8). None of these are entirely specious ideas. Several of them, indeed, may be correct in part, but it is important for us to understand what informed consent cannot do as well as what it can. Just as free speech does not guarantee good government and due process of law does not guarantee justice, so too informed consent cannot solve all of the problems of the healthcare system. In this chapter we explore some of the limitations of informed consent. Specifically, we want to suggest four propositions. First, informed consent is a mechanism for improving communication and decision making among healthcare providers and patients.

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