A History and Theory of Informed Consent

A History and Theory of Informed Consent
Author: Ruth R. Faden
Publisher: Oxford University Press
Total Pages: 414
Release: 1986-02-27
Genre: Medical
ISBN: 0199748659

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Clearly argued and written in nontechnical language, this book provides a definitive account of informed consent. It begins by presenting the analytic framework for reasoning about informed consent found in moral philosophy and law. The authors then review and interpret the history of informed consent in clinical medicine, research, and the courts. They argue that respect for autonomy has had a central role in the justification and function of informed consent requirements. Then they present a theory of the nature of informed consent that is based on an appreciation of its historical roots. An important contribution to a topic of current legal and ethical debate, this study is accessible to everyone with a serious interest in biomedical ethics, including physicians, philosophers, policy makers, religious ethicists, lawyers, and psychologists. This timely analysis makes a significant contribution to the debate about the rights of patients and subjects.

A History and Theory of Informed Consent

A History and Theory of Informed Consent
Author:
Publisher:
Total Pages: 392
Release: 1986
Genre: Consent (Law)
ISBN: 9781601295897

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A timely, authoritative discussion of an important clincial topic, this useful book outlines the history, function, nature and requirements of informed consent, focusing on patient autonomy as central to the concept. Primarily a philosophical analysis, the book also covers legal aspects, with chapters on disclosure, comprehension, and competence.

Informed Consent to Psychoanalysis

Informed Consent to Psychoanalysis
Author: Elyn R. Saks
Publisher: Fordham Univ Press
Total Pages: 142
Release: 2013-02-19
Genre: Psychology
ISBN: 0823249786

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The goal of this book is to shed psychoanalytic light on a concept—informed consent—that has transformed the delivery of health care in the United States. Examining the concept of informed consent in the context of psychoanalysis, the book first summarizes the law and literature on this topic. Is informed consent required as a matter of positive law? Apart from statutes and cases, what do the professional organizations say about this? Second, the book looks at informed consent as a theoretical matter. It addresses such questions as: What would be the elements of a robust informed consent in psychoanalysis? Is informed consent even possible here? Can patients really understand, say, transference or regression before they experience them, and is it too late once they have? Is informed consent therapeutic or countertherapeutic? Can a “process view” of informed consent make sense here? Third, the book reviews data on the topic. A lengthy questionnaire answered by sixty-two analysts reveals their practices in this regard. Do they obtain a statement of informed consent from their patients? What do they disclose? Why do they disclose it? Do they think it is possible to obtain informed consent in psychoanalysis at all? Do they think the practice is therapeutic or countertherapeutic, and in what ways? Do they think there should or should not be an informed consent requirement for psychoanalysis? The book should appeal above all to therapists interested in the ethical dimensions of their practice.

The Age of Informed Consent

The Age of Informed Consent
Author: Octavian Buda
Publisher: Cambridge Scholars Publishing
Total Pages: 248
Release: 2019-01-22
Genre: Medical
ISBN: 1527526704

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This volume analyses the conceptualization and the practical application of the concept of informed consent in various parts of continental Europe, and identifies whether informed consent can be seen as a clearly identifiable concept. The focus here is on the evolution of informed consent in France, Germany, Croatia, Turkey and Romania, with comparisons being made to the “traditional” history of the concept, mainly constructed in the US and the UK. The book will appeal to physicians, bio-ethicists and historians, as it provides the answers to some practical difficulties in applying informed consent in everyday practice, difficulties mainly generated by an indiscriminate application of an imported concept, without a proper analysis of the local cultural, social, and medical background.

The Ethics of Consent

The Ethics of Consent
Author: Franklin Miller
Publisher: Oxford University Press
Total Pages: 431
Release: 2010
Genre: Law
ISBN: 0195335147

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Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts, such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.

Informed Consent

Informed Consent
Author: Jessica W. Berg
Publisher: Oxford University Press
Total Pages: 354
Release: 2001-07-12
Genre: Medical
ISBN: 0199747784

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Informed consent - as an ethical ideal and legal doctrine - has been the source of much concern to clinicians. Drawing on a diverse set of backgrounds and two decades of research in clinical settings, the authors - a lawyer, a physician, a social scientist, and a philosopher - help clinicians understand and cope with their legal obligations and show how the proper handling of informed consent can improve , rather than impede, patient care. Following a concise review of the ethical and legal foundations of informed consent, they provide detailed, practical suggestions for incorporating informed consent into clinical practice. This completely revised and updated edition discusses how to handle informed consent in all phases of the doctor-patient relationship, use of consent forms, patients' refusals of treatment, and consent to research. It comments on recent laws and national policy, and addresses cutting edge issues, such as fulfilling physician obligations under managed care. This clear and succinct book contains a wealth of information that will not only help clinicians meet the legal requirements of informed consent and understand its ethical underpinnings, but also enhance their ability to deal with their patients more effectively. It will be of value to all those working in areas where issues of informed consent are likely to arise, including medicine, biomedical research, mental health care, nursing, dentistry, biomedical ethics, and law.

By Birth or Consent

By Birth or Consent
Author: Holly Brewer
Publisher: UNC Press Books
Total Pages: 407
Release: 2012-12-01
Genre: History
ISBN: 0807839124

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In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.

Informed Consent

Informed Consent
Author: Paul S. Appelbaum
Publisher: Oxford University Press, USA
Total Pages: 312
Release: 1987
Genre: Decision making
ISBN:

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Few issues affecting the therapeutic professions are as much discussed and as little understood as informed consent. This book, written from the combined perspectives of a physician, a lawyer, and a social scientist, is the first reference work to provide a concise overview of informed consent with particular emphasis on the practical issues facing professionals. After introducing the ethical theories behind this principle, the authors describe the history and current status of the law, detailing all legal requirements for practitioners. They consider the problems faced when these theories and laws are applied in a clinical setting, offering suggestions for simplifying the interaction between doctor and patient and for making it clinically meaningful. The stress throughout is on ways to improve practitioners' performance in meeting these ethical and legal mandates. The book will be valuable for all professionals working in areas where issues of informed consent are likely to arise, including medicine, mental health care, social work, dentistry and law.

Dispute Processing and Conflict Resolution

Dispute Processing and Conflict Resolution
Author: Carrie Menkel-Meadow
Publisher: Routledge
Total Pages: 462
Release: 2017-03-02
Genre: Political Science
ISBN: 1351943545

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This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.

Informed Consent

Informed Consent
Author: Winston Hammond
Publisher: Nova Publishers
Total Pages: 0
Release: 2016
Genre: Informed consent (Medical law)
ISBN: 9781634841955

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Informed consent is in an unsettled state in both bioethics and the law. The central problem in both fields is the absence of a clear, general formulation that supports the kind of information a patient needs in order to make an informed decision. In this book, the absence of a clear, general formulation is the problem chapter one seeks to solve by presenting a theory of informed consent. The following chapter provides a history of translation and interpretation of informed consent in Japan. Chapter three examines a trend in high court decision making in the United States, Canada, Australia, and the United Kingdom away from a professional standard of disclosure in consent and informed consent to a standard based on what a reasonable person in the patient's position would want in consent and informed consent. Chapter four focuses on the lack of data about safety and effectiveness, and the research, logistical and legal goals of obtaining consent often conflict with the public health goals of evidence-based shared decision-making. Chapter five examines informed consent issues in the context of a community collaborative model of service delivery that uses a public health approach. Chapter six provides insight into a novel way to overcome some of these risks when seeking and obtaining informed consent in clinical trials and research. The final chapter evaluates the effect of informed consent format on preoperative anxiety of patients.