The need and legal Issues to approve exceptions to principles of obtaining informed consent from legally acceptable representative in research involving children

2019 ◽  
Vol 20 (1) ◽  
pp. 1-24
Author(s):  
SEULBI CHOI ◽  
EUNAE KIM
Keyword(s):  
Informed Consent ◽  
Legal Issues

Electronic Fetal Monitoring: Physician Liability and Informed Consent

1984 ◽  
Vol 10 (1) ◽  
pp. 31-91
Author(s):  
Myra Gerson Gilfix
Keyword(s):  
Informed Consent ◽  
Fetal Monitoring ◽  
Standard Of Care ◽  
Legal Issues ◽  
Standards Of Care ◽  
Monitoring Technique ◽  
Electronic Fetal Monitoring ◽  
Monitoring Procedure ◽  
Practice Standard ◽  
Physician Liability

AbstractElectronic fetal monitoring (EFM) has been criticized as ineffective, unsafe and costly. Despite existing controversy regarding the risks involved in using EFM, this monitoring procedure continues to be widely employed. In many jurisdictions, in fact, the use of EFM during labor may be considered the customary practice. This Article analyzes the medical and legal issues arising from a physician's use of or failure to use EFM. The Author argues that EFM subjects the mother and the fetus to risks which may be avoided if auscultation, a less intrusive monitoring technique, is employed. The ‘customary practice’ standard of care, the ordinary negligence standard of care, and the ‘best judgment’ and ‘duty to keep abreast’ standards of care are compared and applied to the physician's decision to use EFM. The Author contends that physicians who employ auscultation may not be liable for failing to use EFM; however, physicians who use EFM despite the evidence of its risks may be liable for failing to ‘keep abreast’ or to use their ‘best judgment’ or for negligence. Finally, the Author contends that both physicians and their patients are best protected when the physician elicits the mother's informed consent to employ a particular monitoring technique during labor.

On the Legal Aspects of Tardive Dyskinesia

1979 ◽  
Vol 7 (3) ◽  
pp. 295-331 ◽  
Author(s):  
Ralph Slovenko
Keyword(s):  
Informed Consent ◽  
Tardive Dyskinesia ◽  
Antipsychotic Medication ◽  
Standard Of Care ◽  
Legal Aspects ◽  
Legal Issues ◽  
Institutionalized Patients ◽  
The Right ◽  
Causal Nexus

Of the various drug therapies, the antipsychotic medication is presenting some novel twists to old issues in law and psychiatry. From what is known, its benefits are high but so are its risks. To wit, the risk of tardive dyskinesia. Presented here for consideration are legal issues of standard of care, informed consent, the right of institutionalized patients to refuse treatment, statute of limitations, and causal nexus.

Legal Issues in Gamete and Embryo Cryopreservation: An Overview

2018 ◽  
Vol 36 (05) ◽  
pp. 299-310
Author(s):  
Susan Crockin ◽  
Kathryn Gottschalk
Keyword(s):  
Informed Consent ◽  
Constitutional Law ◽  
Reproductive Potential ◽  
Legal Issues ◽  
Patient Choice ◽  
Embryo Cryopreservation ◽  
Art Practice ◽  
Legal Principles ◽  
The Impact ◽  
Cryopreserved Embryos

AbstractThis article provides an overview of existing and developing law surrounding IVF embryos and those who handle them. It discusses what law and legal theories of liability may apply to embryology labs, and gamete and embryo banks in the context of embryo loss, abandonment, shipping and implantation. It explores how often intertwined theories of law have been applied to this unique field, including contract, informed consent, health, tort and Constitutional law. Recent so-called “Personhood” initiatives are reviewed for their impact on ART practice. The article also explores how legal principles related to patient choice, autonomy, informed consent, and the various rights and responsibilities of providers and patients have been applied to this area of medicine which is unique both because it involves at least two patients and due to the singular nature and reproductive potential of ex-utero and cryopreserved embryos and gametes. Through an examination of largely US judicial and statutory perspectives and trends, the article assesses the complexities of the impact of the law on, and attempts to offers guidance to, those involved in this continually evolving and challenging field of medicine.

Informed Consent—Legal Issues “When Yes Really Means No”

2004 ◽  
Vol 13 (1) ◽  
pp. 84-87
Author(s):  
Michael Gorton
Keyword(s):  
Informed Consent ◽  
Legal Issues

Informed consent of the critically ill patient and drug therapy: legal aspects

2013 ◽  
Vol 4 (2S) ◽  
pp. 21-30
Author(s):  
Riccardo Fresa
Keyword(s):  
Informed Consent ◽  
Legal Aspects ◽  
Third Parties ◽  
Legal Issues ◽  
Self Determination ◽  
Critically Ill Patient ◽  
Patient Relationship ◽  
Life Meaning ◽  
Consent To Treatment ◽  
To Receive

Legal issues concerning the doctor-patient relationship are numerous, and belong to the wider field of professional liability in health care. This article will be dealt with the issues related to informed consent in patients temporarily unable to express consent, or patients who are in a state of temporary incapacity. If the patients are temporarily incapable, and therefore are not able to receive the information nor to express consent to treatment, the physicians’ duty to provide medical treatment and the patients’ self-determination should be considered: the patients can consent or refuse treatment only if able to understand the significance of their decision. If a patient is temporarily unable to give consent and the practitioner doesn’t have at his/her disposal a valid document reporting the patient’s wishes, it’s necessary to rely on the so called “amministratore di sostegno” (introduced in the Italian legal system by Law n. 6 of January 9th, 2004). But in the case of not deferrable treatment, as a lifesaving intervention, the rule is in dubio pro life meaning that a doctor is always legitimized by this situation of urgent need, regardless of the informed consent of the patient and/or third parties.

The Participation of Cognitively Impaired Elderly in Research

2004 ◽  
Vol 5 (4) ◽  
pp. 245-257 ◽  
Author(s):  
Sana Loue
Keyword(s):  
Informed Consent ◽  
Mental Capacity ◽  
Legal Issues ◽  
Cognitively Impaired ◽  
Limited Capacity ◽  
Information Uncertainty ◽  
Underlying Causes ◽  
Ethical And Legal Issues ◽  
Study Participants

It is critical that cognitively impaired adults be permitted to participate in research in order to develop a greater understanding of the underlying causes of the impairments and strategies to prevent or ameliorate their impact. Significant ethical and legal issues may arise in the recruitment and enrollment of these persons as study participants, due to difficulties in understanding information, uncertainty regarding the existence of sufficient mental capacity to provide informed consent to participate, and the potential for coercion to participate as a function of limited capacity and dependence on others for care. This article explores these issues and suggests mechanisms to maximize the understanding of information and facilitate the cognitively impaired elders’ expression of choice during incapacity.

Introduction to Genetics and the Law

2021 ◽  
Author(s):  
Maxwell Mehlman ◽  
Mette Hartlev ◽  
Sonia Suter
Keyword(s):  
United States ◽  
Gene Therapy ◽  
Genetic Testing ◽  
Informed Consent ◽  
Genomic Analysis ◽  
The United States ◽  
Legal Issues ◽  
Legal Doctrine ◽  
The Law ◽  
Material Information

This chapter provides an overview of the relationship between genetics and the law. Advances in genetics and genomics have created both hopes and concerns and raise a number of legal issues in both the United States and Europe. To understand the legal issues in genetics, it is helpful to have some understanding of the different types of genetic analysis that can be used and for which purposes. In virtually all these contexts, the doctrine of informed consent is important. While the law in the United States and Europe does not generally require non-directiveness, the legal doctrine of informed consent applies in all jurisdictions, imposing on physicians and genetic counselors the legal obligation to disclose material information that could influence a patient's decisions about genetic testing. The other ethical and legal issues that arise with genetic or genomic analysis differ depending on the purpose, context, and technology used. These legal issues concern the methods of regulating genetic tests offered in the clinical setting and through the “direct-to-consumer” online genetic testing industry; genetic discrimination; the scope of privacy protections of genetic information; and the regulation of human gene therapy, gene therapy research, and germline modifications.

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