scholarly journals Refusal of surgery: A case-based review of ethical and legal principles behind informed consent in Canada

2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Shady Nashaat Garas ◽  
Luke Witherspoon ◽  
Nikolija Lukich ◽  
Hamid Abdi ◽  
Rodney H. Breau
Keyword(s):  
Informed Consent ◽  
Legal Principles ◽  
Case Based

scholarly journals Informed Consent for the Human Research Subject with a Neurologic Disorder

2018 ◽  
Vol 38 (05) ◽  
pp. 539-547 ◽  
Author(s):  
Neil Vaishnav ◽  
Winston Chiong
Keyword(s):  
Informed Consent ◽  
Neurological Impairment ◽  
Neurological Injury ◽  
Neurologic Disorder ◽  
Legal Principles ◽  
Human Research Subject ◽  
Neurological Patients ◽  
Dementia Research ◽  
To Come

AbstractThe doctrine of informed consent sits at the intersection of law, ethics, and neuroscience, posing unique challenges for human subject research involving neurological patients. These challenges are compounded by the variegated nature of both neurological injury and the law governing research consent. This article provides a framework for investigators likely to encounter subjects with some degree of neurological impairment, whose capacity to consent requires scrupulous assessment prior to enrollment in research trials. We consider several researches and disease contexts—from emergency epilepsy research to long-term dementia research—and clarify the ethical and legal principles governing consent for participation in each. We additionally explore empirical research on consent capacity and survey several areas of emerging ethical import that will require the attention of investigators in decades to come.

Informed Consent: Framing the Questions

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Interpersonal Process ◽  
Patient Relationship ◽  
Policy Issues ◽  
Legal Principles ◽  
Legal Rules ◽  
Reasonable Approach ◽  
The Many ◽  
Society Today ◽  
Right Of Self Determination

What is informed consent? The answer may seem self-evident only to those who have yet to explore the many meanings of the term. Informed consent refers to legal rules that prescribe behaviors for physicians and other healthcare professionals in their interactions with patients and provide for penalties, under given circumstances, if physicians deviate from those expectations; to an ethical doctrine, rooted in our society’s cherished value of autonomy, that promotes patients’ right of self-determination regarding medical treatment; and to an interpersonal process whereby these parties interact with each other to select an appropriate course of medical care. Informed consent is each of these things, yet none of them alone. As a theory based on ethical principles, given effect by legal rulings and implemented by clinicians, it has been haunted by its complex lineage. When legal principles and ethical values conflict, which should take precedence? When clinical interests appear to be served by neither legal nor ethical concerns, which interests should be compromised and to what degree? The vast literature on informed consent, found in journals and books of medicine, law, bioethics, philosophy, and public policy, has been stimulated by the need to create a workable doctrine that can accommodate values that to many observers are in an irremediable state of conflict. The conflicts in theory and the need to resolve them in practice are the subjects of this book. Theory is the focus of the first half of the volume; practice is the topic of the second. Seeking to understand the fascinating theoretical problems requires us to grapple with some of the most difficult ethical and policy issues facing our society today. But let us state at the outset our belief that the clinician on the front lines need not be paralyzed by differences of opinion among legal and ethical theorists. Through the vaguely translucent wall of expertise behind which the discussion about the proper shape of the informed consent doctrine has taken place, a reasonable approach to informed consent in the clinician-patient relationship can be discerned. Our most important and challenging task in this book is to make that approach evident.

scholarly journals Obtenção de Consentimento Informado para Anestesia em Cirurgia Eletiva num Hospital Terciário: Práticas e Contexto Ético-Legal

2019 ◽  
Vol 32 (1) ◽  
pp. 53
Author(s):  
Luís Guilherme Casimiro ◽  
Sara Marisa Pereira ◽  
Sofia Cardoso Pires ◽  
Joana Mourão
Keyword(s):  
Informed Consent ◽  
Elective Surgery ◽  
University Hospital ◽  
Anesthetic Technique ◽  
Patient Relationship ◽  
Active Process ◽  
Legal Principles ◽  
American Society ◽  
American Society Of Anesthesiologists ◽  
Written Informed Consent

Introduction: Informed consent is an active process of the doctor-patient relationship, based on ethical and legal principles. The anesthetic act has inherent risks, which should be subject of specific consent. The aim of this study was to evaluate the degree of implementation of written specific informed consent for anesthesia in the context of elective surgery.Material and Methods: An observational prospective study, at a tertiary university hospital, in 230 patients aged 60 years or older, undergoing elective surgery between May and July 2017. Eligible patients who consented to participate were interviewed clinically on the day before surgery. In the postoperative period, the anesthetic technique and the existence of the written informed consent for the anesthetic and surgical procedures were assessed. Patients who were unable to give informed consent or those admitted in the Intensive Care Unit after surgery were excluded. Results: Written informed consent for the surgical procedure was obtained for 225 (97.8%), while it was obtained in just 96 (41.7%) patients for the anesthetic act. There was a higher prevalence of stroke, anemia, and higher Charlson and physical American Society of Anesthesiologists scores in patients without written informed consent for the anesthetic act.Discussion: We identified a low implementation of written informed consent for anesthesia. This situation may have important implications in the context of disciplinary, civil or criminal liability.Conclusion: Despite its importance, the practice of written informed consent for anesthesia in this institution is not yet implemented on a regular basis.

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.

Genetics and the Law

2021 ◽  
Author(s):  
Mette Hartlev
Keyword(s):  
Human Rights ◽  
Genetic Testing ◽  
Informed Consent ◽  
Genetic Research ◽  
Biomedical Science ◽  
The European Union ◽  
Human Beings ◽  
Legal Principles ◽  
The Right To Privacy ◽  
The Right

This chapter discusses how the legal and ethical aspects of gene technology are both a national concern for European states and a European concern addressed by both the Council of Europe (CoE) and the European Union (EU). The CoE has been engaged in bioethical issues since the beginning of the 1980s and has adopted a number of recommendations and resolutions concerned with developments in biomedical science and technologies. Most notable is the adoption of the CoE Convention on Human Rights and Biomedicine (Oviedo Convention) in 1997, which focuses on a number of selected human rights aspects of developments in biomedicine. The Convention includes a number of general legal principles applying to medical interventions on human beings, including informed consent and the right to privacy. The chapter then assesses informed consent and genetic counselling, as well as specific issues related to genetic testing of adults, children, fetuses, and embryos. It also considers genetic research, direct-to-consumer genetic testing, genetic discrimination, gene therapy, and the protection of genetic information.

scholarly journals Issues of Ethics and Methods in Studying Social Media

2016 ◽  
Vol 4 (4) ◽  
pp. 63-65 ◽  
Author(s):  
Niina Sormanen ◽  
Epp Lauk
Keyword(s):  
Social Media ◽  
Informed Consent ◽  
Special Issue ◽  
Ethical Guidelines ◽  
Informational Privacy ◽  
Methodological Aspects ◽  
Case Based

The Editorial raises some challenging ethical and methodological aspects of Internet based research (such as protection of informational privacy, informed consent, general ethical guidelines vs case-based approach), which are further discussed in the five articles of this special issue.

Il caso Englaro e i paradossi dell'autonomia

2009 ◽  
pp. 356-369
Author(s):  
Luca Nivarra
Keyword(s):  
Informed Consent ◽  
Case Based

- The writing focuses the inaccuracies of the Italian Court of Cassation decision about the Englaro case, based on an unconditioned adhesion to ideology of "informed consent".

scholarly journals PEMBERESAN HARTA PAILIT DEBITOR YANG MENJADI OBJEK SITA PADA PERKARA PIDANA (STUDI KASUS PERKARA NO. 11/PDT.SUS-GUGATAN LAIN-LAIN/2018/PN.JKT.PST)

2021 ◽  
Vol 5 (2) ◽  
Author(s):  
Dani Triardi
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Legal Process ◽  
Literature Research ◽  
Legal Subject ◽  
Legal Principles ◽  
The Public ◽  
Case Based

It is not impossible for legal subject such as an individual or entity that is in the process of bankruptcy, to be processed simultaneously with a criminal case. This raises the possibility that the assets of the bankrupt debtor in the bankruptcy process, which should be under the control of the Curator, will also be the object of confiscation in a criminal case. However, the laws and regulations have not explicitly accommodated the procedures for confiscating and controlling the assets of the bankrupt debtor in the event that there is an overlap of authority between the Curator in the bankruptcy process and the Public Prosecutor in the criminal case process. The purpose of this study is to determine the procedure for settlement of bankrupt debtor assets which simultaneously becomes the object of confiscation of evidence by the Prosecutor for the purposes of a criminal case based on prevailing statutory regulations or legal principles. The research method used is normative, using secondary data, which is obtained from literature research, including primary, secondary and tertiary sources of law. In the event of a condition where the assets of the bankrupt debtor in the bankruptcy process become the object of confiscation in a criminal case at the same time, what must take precedence is a legal process that already has permanent legal force first. If the bankruptcy decision occurs earlier, then control of the debtor's assets will remain under the curator's authority to settle the debt. However, the Public Prosecutor is still unable to impose general confiscation for the state on evidence in the form of assets of a defendant who is a bankrupt debtor, because such assets are entitled to the creditors.

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