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Chapter 9 - Informed Consent

from Section 2 - Consultation

Published online by Cambridge University Press:  17 February 2022

D. Micah Hester
Affiliation:
University of Arkansas for Medical Sciences, College of Medicine
Toby L. Schonfeld
Affiliation:
National Center for Ethics in Health Care, US Department of Veterans Affairs
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Summary

Informed consent has become a standard part of medical practice over the past half-century (Berg et al., 2001). In the twentieth century, at a high point of other movements toward expansion of civil and individual rights, a series of court cases delineated the doctrine of “informed consent” for the first time. Prior to this time, consent, if it existed at all, was based on a concept of a simple consent – disclosure of information was not considered necessary; the patient just had to agree to treatment. In some situations, merely the fact that a patient sought treatment in the first place, along with the fact that they did not leave when treatment was begun, was deemed adequate consent.

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Publisher: Cambridge University Press
Print publication year: 2022

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References

Beach, MC, Sugarman, J (2019). Realizing shared decision-making in practice. JAMA, 322(9): 811812.CrossRefGoogle ScholarPubMed
Berg, JW (2003). Understanding waiver. Houston Law Review, 40(2): 281344.Google Scholar
Berg, JW (2012). All for one and one for all: Informed consent and public health. Houston Law Review, 50(1): 140.Google Scholar
Berg, JW, Appelbaum, PS, Grisso, T (1996). Constructing competence: Formulating standards of legal competence to make medical decisions. Rutgers Law Review, 48(2): 345396.Google ScholarPubMed
Berg, JW, Appelbaum, PS, Lidz, C, Parker, L (2001). Informed Consent: Legal Theory and Clinical Practice, 2nd ed. New York: Oxford University Press.CrossRefGoogle Scholar
Paladino, J, Lakin, JR, Sanders, JJ (2019). Communication strategies for sharing prognostic information with patients. JAMA, 322(14): 13451346.CrossRefGoogle ScholarPubMed

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