Dimensions of informed consent to treatment

被引:21
作者
Dickens, BM [1 ]
Cook, RJ
机构
[1] Univ Toronto, Fac Law, Fac Med, Toronto, ON, Canada
[2] Univ Toronto, Joint Ctr Bioeth, Toronto, ON, Canada
关键词
consent; informed consent; negligence; duty of care; information; duty to inform; material information;
D O I
10.1016/j.ijgo.2004.03.001
中图分类号
R71 [妇产科学];
学科分类号
100211 ;
摘要
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. (C) 2004 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.
引用
收藏
页码:309 / 314
页数:6
相关论文
共 16 条
[1]  
[Anonymous], 2001, INFORMED CONSENT LEG
[2]  
Beauchamp T., 2001, PRINCIPLES BIOMEDICA, P283
[3]  
Buckman R., 1992, BREAK BAD NEWS GUIDE
[4]   Recognizing adolescents' 'evolving capacities' to exercise choice in reproductive healthcare [J].
Cook, R ;
Dickens, BM .
INTERNATIONAL JOURNAL OF GYNECOLOGY & OBSTETRICS, 2000, 70 (01) :13-21
[5]   Patient care and the health-impaired practitioner [J].
Cook, RJ ;
Dickens, BM .
INTERNATIONAL JOURNAL OF GYNECOLOGY & OBSTETRICS, 2002, 78 (02) :171-177
[6]  
COOK RJ, 2003, REPROD HLTH HUMAN RI, P109
[7]  
Denton J, 2002, CURRENT PRACTICES CO, P243
[8]   Ethical and legal approaches to 'the fetal patient' [J].
Dickens, BM ;
Cook, RJ .
INTERNATIONAL JOURNAL OF GYNECOLOGY & OBSTETRICS, 2003, 83 (01) :85-91
[9]   Medical errors: legal and ethical responses [J].
Dickens, BM .
INTERNATIONAL JOURNAL OF GYNECOLOGY & OBSTETRICS, 2003, 81 (01) :109-114
[10]  
GIESEN D, 1988, INT MED MALPRACTICE, P289