Dimensions of informed consent to treatment
- 12 May 2004
- journal article
- Published by Wiley in International Journal of Gynecology & Obstetrics
- Vol. 85 (3) , 309-314
- https://doi.org/10.1016/j.ijgo.2004.03.001
Abstract
Modern law approaches patients’ consent to treatment not only through liability for unauthorized touching, namely criminal assault and/or civil (non‐criminal) battery, but also through liability for negligence. Physicians must exercise appropriate skill in conducting procedures, and in providing patients with information material to the choices that patients have to make. The doctrine of informed consent serves the ethical goal of respecting patients’ rights of self‐determination. Information is initially pitched at the reasonable, prudent person in the patient's circumstances, and then fine‐tuned to what is actually known about the particular patient's needs for information. Elements to be disclosed include the patient's prognosis if untreated, alternative treatment goals and options, the success rate of each option, and its known effects and material risks. Risks include medical risks, but also risks to general well‐being such as economic and similar reasonable interests. Consent is a continuing process, not an event or signed form.Keywords
This publication has 10 references indexed in Scilit:
- Ethical and legal approaches to ‘the fetal patient’International Journal of Gynecology & Obstetrics, 2003
- Reproductive Health and Human RightsPublished by Oxford University Press (OUP) ,2003
- Medical errors: legal and ethical responsesInternational Journal of Gynecology & Obstetrics, 2003
- Patient care and the health‐impaired practitionerInternational Journal of Gynecology & Obstetrics, 2002
- The Limits of Informed ConsentPublished by Oxford University Press (OUP) ,2001
- Informed consent for emergency contraception: variability in hospital care of rape victimsAmerican Journal of Public Health, 2000
- Recognizing adolescents' ‘evolving capacities’ to exercise choice in reproductive healthcareInternational Journal of Gynecology & Obstetrics, 2000
- How To Break Bad NewsPublished by University of Toronto Press Inc. (UTPress) ,1992
- International Medical Malpractice LawPublished by Brill ,1988