A History and Theory of Informed Consent PDF Download

Author: Ruth R. Faden
Publisher: Oxford University Press
ISBN: 0199748659
Category : Medical
Languages : en
Pages : 414

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Book Description
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.

Author:
Publisher:
ISBN: 9781601295897
Category : Consent (Law)
Languages : en
Pages : 392

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Book Description
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.

Author: Octavian Buda
Publisher: Cambridge Scholars Publishing
ISBN: 1527526704
Category : Medical
Languages : en
Pages : 248

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Book Description
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.

Author: Jessica W. Berg
Publisher: Oxford University Press
ISBN: 0199747784
Category : Medical
Languages : en
Pages : 354

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Book Description
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.

Author: Neil C. Manson
Publisher: Cambridge University Press
ISBN: 1139463209
Category : Philosophy
Languages : en
Pages : 15

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Book Description
Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics, first published in 2007, Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent needs distinctive communicative transactions, by which other obligations, prohibitions, and rights can be waived or set aside in controlled and specific ways. Their book offers a coherent, wide-ranging and practical account of the role of consent in biomedicine which will be valuable to readers working in a range of areas in bioethics, medicine and law.

Author: Paul S. Appelbaum
Publisher: Oxford University Press, USA
ISBN:
Category : Decision making
Languages : en
Pages : 312

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Book Description
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.

Author: Stephen Wear
Publisher: Springer Science & Business Media
ISBN: 9780792320296
Category : Philosophy
Languages : en
Pages : 190

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Book Description
Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm fashion by most clinicians, many simply rejecting what they commonly refer to as the `myth of informed consent'. The purpose of this book is to defuse this seemingly intractable controversy by offering an efficient and effective operational model of informed consent. This goal is pursued first by reviewing and evaluating, in detail, the agendas, arguments, and supporting materials of its proponents and detractors. A comprehensive review of empirical studies of informed consent is provided, as well as a detailed reflection on the common clinician experience with attempts at informed consent and the exercise of autonomy by patients. In the end, informed consent is recast as a management tool for pursuing clinically and ethically important goods and values that any clinician should see as meriting pursuit. Concurrently, the model incorporates a flexible, anticipatory approach that recognizes that no static, generic ritual can legitimately pursue the quite variable goods and values that may be at stake with different patients in different situations. Finally, efficiency of provision is addressed by not pursuing the unattainable and ancillary. Throughout, the traditional principle of beneficence is appealed to toward articulating an operational model of informed consent as an intervention that is likely to change outcomes at the bedside for the better.

Author: Winston Hammond
Publisher: Nova Publishers
ISBN: 9781634841955
Category : Informed consent (Medical law)
Languages : en
Pages : 0

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Book Description
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.

Author: Carrie Menkel-Meadow
Publisher: Routledge
ISBN: 1351943545
Category : Political Science
Languages : en
Pages : 462

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Book Description
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.

Author: Ulf Schmidt
Publisher: Franz Steiner Verlag Wiesbaden GmbH
ISBN:
Category : Medical
Languages : en
Pages : 380

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Book Description
Despite having been revised and criticised over the years, the Declaration of Helsinki remains one of the most important and internationally known ethics codes worldwide. Yet we know relatively little about its historical origins or about the prolonged revision process which accompanied this "living document". The chapters presented in this volume look at the history and theory of human experimentation, assess the role of the Helsinki Declaration in an international context, and illustrate specific issues about the history and practice of research ethics through a number of case studies in the United States, Asia and Europe. To this day, the Declaration is one of the most important landmarks in human subject research which is aimed at protecting experimental subjects in society. The current volume offers a better and historically-informed understanding of the Declaration to ensure that the existing safeguards are not only preserved but developed and improved in the future. Die 1964 veroffentlichte Deklaration zu Helsinki ist einer der wichtigsten und international bekanntesten Kodizes zur Forschungsethik, dessen Entstehungsgeschichte von steter Kritik und zahlreichen Uberarbeitungen begleitet wurde. Dennoch weiss man relativ wenig uber die historischen Wurzeln und Novellierungsprozesse dieses "gewachsenen Dokuments" der Medizingeschichte. Bis zum heutigen Tag ist die Deklaration einer der bedeutendsten Wegweiser fur die Forschung am Menschen, deren grundsatzliches Ziel es ist, Versuchspersonen in medizinischen Experimenten zu schutzen. Der Band beleuchtet Geschichte und Theorie der Experimente am Menschen, untersucht die Rolle der Deklaration im internationalen Kontext und illustriert spezifische Themen zur Geschichte und Praxis der Forschungsethik anhand von Fallstudien zu den USA, Asien und Europa. Ausserdem geben die Studien Einblick in die Entstehungsgeschichte der Deklaration - nicht nur um die bestehenden Standards zum Schutz von Versuchspersonen zu bewahren, sondern auch um diese zukunftig weiterzuentwickeln und zu verbessern. Aus dem Inhalt Ulf Schmidt / Andreas Frewer: History and Ehtics of Human Experimentation: the Twisted Road to Helsinki. An Introduction History and Theory of Medical Research Ethics Ulrich Trohler: The Long Road of Moral Concern: Doctors' Ethos and Statute Law Relating to Human Research in Europe Dietrich von Engelhardt: The Historical and Philosophical Background of Ethics in Clinical Research Ulf Schmidt: The Nuremberg Doctors' Trial and the Nuremberg Code Till Barnighausen: Communicating "Tainted Science" The Japanese Biological Warfare Experiments on Human Subjects in China The Helsinki Declaration in an International Context Susan E. Lederer: Research Without Borders: The Origins of the Declaration of Helsinki Povl Riis: Forty Years of the Declaration of Helsinki: Progress in Medical Ethics? Kati Myllymaki: Revising the Declaration of Helsinki: An Insiders' View Robert Carlson / Kenneth Boyd / David Webb: The Interpretation of Codes of Medical Ethics: Some Lessons from the Fifth Revision of the Declaration of Helsinki David Willcox: Medical Ethics and Public Perception: The Declaration of Helsinki and its Revisions in 2000 Dominique Sprumont / Sara Girardin / Trudo Lemmens: The Helsinki Declaration and the Law: An International and Comparative Analysis History and Ethics of Research - International Perspectives Andreas Frewer: History of Medicine and Ethics in Conflict: Research on National Socialism as Moral Problem Ulf Schmidt: Medical Ethics and Human Experiments at Porton Down: Informed Consent in Britain's Biological and Chemical Warfare Experiments John Williams: The Declaration of Helsinki. The Importance of Context Jonathan D. Moreno: Helsinki into the Future. An Epilogue Key Documents on the History of Research Ethics Circular of the Reich Minister of the Interior Concerning Guidelines for New Therapy and Human Experimentation (Berlin, 1931) - The Nuremberg Code (1947) - World Medical Association: Declaration of Helsinki I (1964) - World Medical Association: Declaration of Helsinki II (Tokyo, 1975) - Council of Europe: Convention on Human Rights and Biomedicine (Oviedo, 1997) - World Medical Association: Declaration of Helsinki (2004)