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Informed consent is a principle in medical ethics, medical law, media studies, and other fields, that a person must have sufficient information and understanding before making decisions about accepting risk, such as their medical care.
Express consent exists when there is oral or written agreement, particularly in a contract. For example, businesses may require that persons sign a waiver (called a liability waiver) acknowledging and accepting the hazards of an activity. This proves express consent, and prevents the person from filing a tort lawsuit for unauthorised actions.
An informed consent clause, although allowing medical professionals not to perform procedures against their conscience, does not allow professionals to give fraudulent information to deter a patient from obtaining such a procedure (such as lying about the risks involved in an abortion to deter one from obtaining one) in order to impose one's belief using deception.
However, consent may be either expressed or implied: [3] If a patient is able to make decisions, they must give expressed, informed consent before aid is given. However, if a patient is too injured or ill to make decisions – for example, if they are unconscious, have an altered mental status, or cannot communicate - implied consent applies ...
A number of publicly funded initiatives exist to promote advance care planning and to encourage people to appoint "substitute decision makers" who make medical decisions and can give or withhold consent for medical procedures according to the patient's pre-expressed wishes when the patient becomes incapable of doing so themselves [53] [54] [55 ...
Informed consent was developed further, made more prescriptive and partly moved from 'Medical Research Combined with Professional Care' into the first section (Basic Principles), with the burden of proof for not requiring consent being placed on the investigator to justify to the committee. 'Legal guardian' was replaced with 'responsible relative'.
Jerry Watson Canterbury (1939-2017) was an FBI clerk who suffered a ruptured disk in 1958. [1] He received laminectomy by Dr. William T. Spence, a well-known Washington neurosurgeon, and as a result of the surgery, and a subsequent fall from his bed while hospitalized, he ended up paralyzed below the waist and incontinent.
[31] Implied consent in law indicates that "medical necessity requires a genuine perception of emergency, and a reasonable response." [30] Some doctors have tried to claim implied consent in the sterilization of women belonging to ethnic minority groups in Europe. This then led to the formation of laws concerning human rights by international ...
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