scholarly journals Misconceptions in the Medical Profession Regarding the Doctrine of Informed Consent

2021 ◽  
Vol 12 (04) ◽  
pp. 1299-1319
Author(s):  
Kelvin N. Christie ◽  
Maurice A. Dean ◽  
Isiah M. Lyman
Keyword(s):  
Informed Consent ◽  
Medical Profession

Pertussis Vaccine

PEDIATRICS ◽  
1984 ◽  
Vol 74 (2) ◽  
pp. 303-305
Author(s):  
Keyword(s):  
Informed Consent ◽  
Pertussis Vaccine ◽  
Adverse Reactions ◽  
Medical Profession ◽  
Scientific Information ◽  
Vaccine Dose ◽  
Childhood Diseases ◽  
Immunization Rates ◽  
The United Kingdom ◽  
New Information

The "Red Book," as the Report of the Committee on Infectious Diseases has come to be known, is not a static document, but is subject to frequent revision. Not only does each edition contain new information available to the Committee, but between editions the Committee communicates further changes to the medical profession via Pediatrics. These communications constitute "Updates" to the Red Book. As everyone knows, scientific information proliferates exponentially, and so the Updates have appeared more frequently in recent years. The Update that follows concerns pertussis vaccine, and therefore, it supplements information in the 1982 edition of the Red Book. To place it in context, the entire Red Book section on Pertussis (pp 198 to 202) should be reviewed, as well as the general sections on immunization, particularly the section on Informed Consent (p 4) and the section on Vaccine Dose (p 10). Like many preventable childhood diseases, pertussis is now infrequently reported in this country. Although more than 200,000 cases were reported annually in the 1930s before pertussis vaccine was introduced, only about 2,000 cases are now recognized each year. The success of the vaccine has resulted in the remarkable decline of a formerly feared illness. As the incidence of the disease has declined, adverse reactions attributed to pertussis vaccine have received greater attention and prominence. In the United Kingdom, following Professor G. T. Stewart's alarming reports of brain damage due to pertussis vaccine, immunization rates fell profoundly, and as a result widespread outbreaks of pertussis began to occur.

Informed consent in psychiatric practice: where does the law now stand?

2011 ◽  
Vol 28 (2) ◽  
pp. 86-90
Author(s):  
Peter Leonard
Keyword(s):  
Informed Consent ◽  
Medical Profession ◽  
Case Law ◽  
Point Of View ◽  
Psychiatric Practice ◽  
Mental Health Legislation ◽  
Clinical Scenarios ◽  
Legal Duty ◽  
Legal Position ◽  
Health Legislation

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.

Legal Rules for Recovery

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Legal Theory ◽  
Medical Profession ◽  
Physician Behavior ◽  
Medical Decision ◽  
Legal Doctrine ◽  
Legal Rules ◽  
Judicial Remedy ◽  
The Law ◽  
Injured Patients

This chapter deals with the legal theory and procedural framework under which patients can obtain redress for their injuries resulting from treatment administered in the absence of informed consent. The evolution of the legal doctrine was driven by the demands of patients for redress for injuries, and more attention has been given by courts and legislatures to the questions of when and how compensation might be obtained than to providing guidance for clinicians. In some important respects, the distinction between the law as it applies to the physician engaged in medical decision making with a patient and the law as it applies to that same patient who later seeks compensation in the courts is an artificial one. Insofar as the spirit of informed consent is not embraced voluntarily by the medical profession, but is adhered to in large part to avoid the likely consequences of failure to observe the legal rules, physician behavior will be shaped not only by the rules themselves but also by the way they are enforced. If, for example, the rules governing the means of redress were complex, time-consuming, and unlikely to yield the desired compensation, few injured patients would pursue a judicial remedy. As a result, physicians would eventually realize that adverse consequences were unlikely to follow from a failure to observe the relevant rules and, except to the extent that they had accepted the ethical theory of informed consent, their adherence to the doctrine would crumble. Some critics of the present system contend that this has already happened (see Chapter 7). On the other hand, rules that make recovery easier and more certain would be likely to encourage compliance with the requirements for informed consent. Differential emphasis by the courts on particular kinds of lapses by clinicians might also shape their actions accordingly. For example, the courts’ focus on risk information has led many physicians to tailor disclosure to emphasize risks. Thus, the issues addressed in this chapter, although framed in legal terminology, are important (some would argue crucial) determinants of the ultimate impact of informed consent.

Women and Ethics in Medicine: Historical Perspective and Contemporary Concern

2016 ◽  
Vol 2 (1-2) ◽  
Author(s):  
Madhu Nagla
Keyword(s):  
Health Care ◽  
Health Policy ◽  
Informed Consent ◽  
Medical Ethics ◽  
Ethical Issues ◽  
Medical Profession ◽  
Prima Facie ◽  
Sex Selection ◽  
Health Care Ethics ◽  
Moral Code

The purpose of this paper is to provide an historical overview of the developments in the field of ethics concerning medicine and health. The discourse also focuses on morals and ethics. We summarize major principles around which much of ethics debates concerning medical and health care have been organized. Following this our paper connects the medical ethics in India with the contemporary concern. The present paper is divided into two parts. The first part attempts to discuss historical development of medical ethics at global level. In particular, western philosophy has been profoundly shaped by three theories of ethics: Aristotelianism, deontology and utilitarianism. Each of these three theories can in turn be seen as essentially a product of the times in which it was originally born. The medical ethics have come a long way and still a continuing process. Ethical discourse is generated out of and applied in local worlds, however, so that it gets taken up in moral processes that are inseparable from local elations and conditions. The discourse of ethics and moral concludes that they are inseparable from local relations and conditions and at the same times aspires for trans-local perspective. Importantly, the four principles of ethics i.e. , autonomy, beneficence, non-maleficence, and justice) are prima facie and binding for each individual to follow. In the second part of paper, an effort has also been made to discuss the historical aspects of medical ethics in India. Medical ethics are not merely a moral code but a legally sanctioned code of conduct acceptable and normal within the medical profession. A broad range of issues can be covered under the rubric of ethical issues, however, specific concerns related to the globalization, equity in health, technology and ethics, informed consent, emergency and health care and reproduction are the major concern of ethics. The ideas enshrined in the doctrine of informed consent though not legally binding yet, continue to percolate into the medical and lay discourse. The doctrine of informed consent is complicated and needs to be addressed in socio-cultural and other constraints of the society. Advances in bio-sciences and bio-technology, such as surrogacy, sex selection, genetics etc. widened the scope of medical ethics. Ethics are the bridge between health policy and values. Health policy is related with the equity and justice to its people in receiving the health care, and thus medical ethics examines the moral validity of it. There is a need to develop an ethical culture in society. Ethics, equity and respect for humanity must be incorporated in all aspects of health care. Ethics has to be institutionalized wherever it is needed. Given the events of the last decades it is a sad reality that at least in the Indian health care set up ethics are losing their sight and has been moving towards commercialization than science and healing.

The Future of Informed Consent in British Common Law

1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Informed Consent ◽  
Medical Profession ◽  
Common Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Future ◽  
The Common ◽  
The Law

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.

scholarly journals The Ethics and Legality of Using Personal Smartphones to take Medical Photographs

2019 ◽  
Vol 19 (2) ◽  
pp. 99
Author(s):  
Amal A. Al Balushi
Keyword(s):  
Informed Consent ◽  
Medical Profession ◽  
Medical Professional ◽  
Medical Professionals ◽  
High Quality ◽  
Medical Photography ◽  
Medical Legislation ◽  
Minimal Effort ◽  
Written Informed Consent

ABSTRACT: Photography in the medical profession is an asset that may help during patients’ follow-up, monitoring the progression of diseases, getting a second opinion and in medical educational activities. Advances in technology, specifically smartphones, have enabled medical professionals to obtain high-quality photographs with minimal effort and photography experience. This article discusses the ethics and legality of using personal smartphones in a medical professional setting for medical photography. Written informed consent should always be obtained from the patient and should include details about how the photographs will be used.Keywords: Photography; Smartphone; Informed Consent; Ethics; Medical Legislation; Publications; Medical Education; Oman.

4. Informed Consent

Medical Law ◽  
2019 ◽  
pp. 195-236
Author(s):  
Emily Jackson
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Supreme Court ◽  
Information Disclosure ◽  
Medical Profession ◽  
Legal Framework ◽  
Court Case ◽  
Supreme Court Case ◽  
Consent To Medical Treatment ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.

Reproductive Choices and Informed Consent: Fetal Interests, Women's Identity, and Relational Autonomy

2011 ◽  
Vol 37 (4) ◽  
pp. 567-623 ◽  
Author(s):  
Pamela Laufer-Ukeles
Keyword(s):  
Informed Consent ◽  
Patient Autonomy ◽  
Medical Profession ◽  
Reproductive Choices ◽  
Legal Reforms ◽  
Fertility Treatments ◽  
Relational Perspective ◽  
Comprehensive Information ◽  
Female Stereotypes ◽  
The One

In this Article, I describe and examine the severe shortcomings in women's autonomy in the context of reproductive choices in the medical arena. The reproductive choices I explore are those choices that involve gestation: abortion, fertility treatments, and interventions during pregnancy. Due to state and medical interests in the fetus, I describe how information conveyed to patients making reproductive choices is biased towards fetal interests, relies on female stereotypes, and is still conveyed with the objective authority of the medical profession. Moreover, reproductive choices implicate women's values and identity interests that reach beyond medical concerns, which are not part of the informed consent doctrine at all. The narrow, individualistic informed consent torts doctrine intended to protect patient autonomy does not do enough in this context to balance bias nor does it mandate discussion of important identity interests and values. Accordingly, I argue that when faced with reproductive choices, women are not provided the balanced and comprehensive information needed to promote their autonomy.In response to the breakdown in patient autonomy I describe, instead of leaving women alone to make choices or regulating in order to protect them from their choices, a broader framework for supporting reproductive choices should be established. In light of the interdependence of woman and fetus, as well as the broader social context shaping these decisions, I argue that a more contextual, relational perspective of autonomy should be the goal of informed consent in the context of reproductive choices. I suggest a number of reforms that aim to optimize patient autonomy from a relational perspective. I suggest a broad, deliberative doctor-patient consultation and legal reforms that create more balance between the pull towards intervention and fetal protection on the one hand, and non-intervention and protection of women's personal identity interests on the other.

Privileging the medical norm: liberalism, self-determination and refusal of treatment

Legal Studies ◽  
1996 ◽  
Vol 16 (3) ◽  
pp. 348-367 ◽  
Author(s):  
John A Harrington
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Medical Profession ◽  
Self Determination ◽  
Medical Law ◽  
Refusal Of Treatment ◽  
Medical Context ◽  
Legal Thinking ◽  
The Law

In the last twenty-five years consent has emerged as central to ethical and legal thinking on medical treatment. The meaning of consent and its importance and applicability in the medical context has been tested by scholars and judges in most western jurisdictions. This essay seeks to re-examine the role of consent in medical law in England having regard to a recent series of cases concerning the refusal of treatment. By linking the law, as it has emerged from these decisions, with that developed in the 1980s concerning the doctrine of informed consent it should be possible to draw some conclusions regarding the role of law and the courts in medicine. Throughout we shall be contrasting the supposedly traditional and outdated paternalism of the medical profession with the liberal, pro-autonomy strategies of (mainly) academic commentators.

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