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1982, The Lancet
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It would be comforting to think that a simple answer could be found to the difficult problem of informed consent in medical practice. Dr Brewin (Oct. 23, p. 919) and Mr Bywater (Nov. 6, p. 1051) appear to have found it-the doctor should inform only those patients who ask for information. It would be a grave error, however, to regard this as an acceptable approach to the problem. As the British Medical Association's Handbook on Medical Ethics states (para 1.9): "The onus is always on the doctor carrying out the procedure to see that an adequate explanation is given." Were it otherwise, informed consent would become the luxury of those patients sufficiently articulate, self-confident, and foresighted to ask questions of their doctor. To say that "those who don't ask, don't want" is surely a complete non-sequitur in the context of the consulting room.
2013
The practice of informed consent has historical roots in various disciplines and plays a critical role in medicine as we are entering the era of patient as a consumer and doctor as a service provider. In India, there has been an increase in the number of malpractice suits that have arisen because of lack of informed consent or inadequate consent from the patients for various procedures. Based on ethical and legal principles of respect for individual autonomy the legal doctrine of informed consent states that "every human being of adult years has the right to determine what shall be done with his own body." All the procedures involving medical treatment, surgical operations, assisting reproductive technologies, treatment of mentally disabled persons and treatment of children should have proper consent in terms of age, mental capacity, free will, and full disclosure. If the patient is not medically or legally competent to give consent, the consent of the parents or guardians or any person present at the time with the patient can be taken. Any researches on a potential subject, removal of organs for transplantation, publication of information obtained during medical examination also require consent of the concerned person. Consent of the patient is not required in situations like medical emergency. Ignorance of law is not a defense in legal cases, so all medical practitioners should be aware of their duties with regard to consent in clinical setting. Any examination by doctor without prior consent amounts to an assault on the patient and liable under the tort and criminal laws. Medical Council of India (MCI) laid down the rules according to which surgical treatment without consent is considered as misconduct and is punishable
Pharmaceutical Ethics
The article deals with the informed consent as a new and rather complicated structure of social relations between the doctor and the patient. Medicine has developed it quite recently and this brief history with some putative reasons of the delay are mentioned first; then the informed consent is analyzed and divided into three levels of decision making. It must be taken into account that the informed consent is dilemma and that there is thus no proper general decision valid for every case.
Perspectives in Clinical Research, 2013
Informed consent: Past and present from the king should be sought when a situation warrants that "if surgical intervention is not done then the patient will die and after surgery it is not certain if surgery will be beneficial". The same type of expression is stated in Caraka Samhita, [2] a classical text of medicine. Arthasastra, another text of 3 rd century B.C, even mentions capital punishment to physicians who have not taken prior permission before performing major surgery, which could result in death. [3] This reflects a sort of defensive medicine where the physician is expected to safeguard himself from harm in adverse outcomes. Theraiyar (one of the Siddhars) in his treatise Thylavarga Churukkam enlists the qualities required for a person to become a physician, which includes compassion. Agathiyar sillaraikkovai says that the physician should protect his patients like an eyelid, but patients' preferences are not mentioned in decision-making, indicating that the Siddha systems too reflected paternalism. According to the 10 th century A.D. book "Kamilussanah", authored by Ali ibn Abbas al-Majoosi, the Unani physicians were to follow a code of conduct, [4] which again appears to be paternalistic in nature. Ancient Greece In ancient Greece, the society was constituted of freeborn men and slaves. So a doctor could have apprentices/trainees who belonged to either group. Although after training they too acquired the art of medicine to be called as "doctors"; Plato described trainers as real doctors and apprentices/assistants as others. These so-called doctors treated patients differentially according to their societal status. [5] When slave doctors treated slaves they never explained the details of treatment to them. But freeborn doctors, who mainly treated freeborn patients, described to them the nature of their illness, often not revealing the whole truth regarding the condition or its prognosis, and prescribed medicine to them only after obtaining their consent. Sometimes a person trained in speaking to the public or doctors trained to persuade a
Bangladesh Journal of Bioethics, 2012
History of tradition of following ethical code in medical practice is very ancient and it could be traced as back as 3500 year old document of Ebers Papyrus (Berdon 2000). Later Greek and Egyptian teachings also emphasized upon ethical practices in medicine. But the concept of formally taking consent (and informed consent) with emphasis on patients’ rights and his/her autonomy emerged in early 20th century when some law suits were filed in courts, particularly in USA. Later the well known infamous atrocities carried out by Nazi doctors on prisoners during Second World War and consequent verdict by Nuremberg tribunal and milestone declaration of Nuremberg made a land mark in the history of medical ethics and provided a ground on which the doctrine of ‘Informed Consent’ is built. This paper discusses and analyzes various ethical issues related to informed consent. How the obligation of taking informed consent was established in the clinical practice and biomedical research. Discusses ...
Mayo Clinic Proceedings, 2008
Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient's consent commits an assault, for which he is liable in damages.
J. of Health Science, 2020
This work is based on an ongoing research on medical informed consent in Papua New Guinea (PNG) with 19 doctors from hospitals, health care centers and private medical establishments in the National Capital District and Central Province who voluntarily participated in the study. The authors conducted an examination of doctors' understanding of informed consent for medical procedures through a qualitative interview study and we describe our findings. We saw a need to involved patients in decision-making about their care, ethical imperative and concerns about litigation and their complaints highlighted the issue of informed consent. In order for the patients to make an informed decision about medical procedure, the doctors involved in the proposed treatment should conduct the informed consent discussion. The discussion should include the treatment, the risks and benefits of treatment, and alternative therapies with associated risks and benefits. We studied doctors' perspectives of gaining informed consent for routine medical procedures. We used qualitative study methods using structured interviews selected by purposive sampling. The data collected were entered into a data base and were analyzed thematically. The discussion is based on review of legal decisions, commentaries and our personal experience in studying medical malpractice cases. We have utilized case reports and several informative writings that have appeared in the world literature, as well as selections from vast amounts of material available in USA, UK, Australia, India and PNG. The current informed consent processes do not appear to be ideal for many doctors in PNG. In particular, there are inhibiting factors that affect patients from making medical informed decisions, doctors find time not enough to run discussions on informed consent, Department of Health does not have a standard informed consent form, patients complain about no consent form, and they have not signed consent forms. These are but some issues that affect patients when trying to make informed decisions. We say that informed consent process flows from the relationship between doctor and patient, however when this does not occur, serious legal and ethical consequences may result. This report is not intended to be specific advice on any private legal matter.
Croatian Medical Journal
To assess physicians' knowledge and practices for obtaining patients' informed consent to medical procedures. Methods An anonymous and voluntary survey of knowledge and practices for obtaining informed consent was conducted among 470 physicians (63% response rate) working in 6 hospitals: 93 specialists in anesthesiology, 166 in internal medicine, and 211 in surgery.
American Journal of Medicine, 1986
The earliest case of alleged physician's lack of obtaining informed consent prior to a surgical procedure was in 1767 [4] and was followed by several cases in the 1890s . McCoid [6], Professor of Law at the University of Wisconsin writing in the 195Os, described these earliest cases more as "speaking in terms of (physician) negligence (in practice)
Kwame Nkrumah University of Science and Technology, 2023
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