Essay on Informed Consent

Katz states this about informed consent, “to suggest that informed consent with remain a fairy tale as long as the idea of joint decisionmaking, based on commitment to paint autonomy and self-determination, does not become an integral aspect of the ethos of medicine and the law of informed consent” (222).

In their article, “The Concept of Informed Consent,” Faden and Beauchamp give two varying definitions of informed consent, namely sense one and sense two. Sense one is defined as autonomous authorization, meaning that the patient or subject agrees and then gives authority to move forward with a proposal (Vaughn 191). The authors give four conditions that have to be met for informed consent to be recognized: the patient has to understand the information presented to her, there should be no manipulation or coercion, and she has to intentionally give her authorization (Vaughn 191). Faden and Beauchamp also note that the fourth condition, where the patient gives her authorization, is pivotal in this sense since it differentiates autonomous authorization

Although prisoners give consent, I don’t believe many are voluntarily giving consent, but are being forced to or being persuaded into giving consent since they have free time and require little compensation (Nelson Merz, 69). I do not believe it is right to make a prisoner do something he does not want to do just because there is a subject needed for research. Also, prisoners may give consent to have a little freedom from their everyday environment. “Special concerns arose in the aftermath of Nazi medical experiments during World War II, which resulted in the Nuremberg Code and the Declaration of Helsinki” (Raab). The Nuremburg Code was brought upon to protect the prisoner subjects from harm and to give them protection from being forced to consent in research. It also protects prisoners from being a population that is turned to for experimental subjects in research. The poor population will easily give consent to a research experiment because they will easily get money due to their voluntary role in the experiment. Although the money compensation sounds great to the unfortunate populations, there is no concern, other than money, or thought put into the overall experiment outcomes. They participate in the research, but do not take into consideration the down side effect it may cause. During a research, there are many people who did not know that giving consent to a research also meant that

There have been questions about the morals and ethics behind prisoner research for a long time. Laws were even made to restrict and prevent research on prisoners. An example of such laws is the Nuremburg code which was made because of inhumane research being conducted in concentration camps during WWII. Prisoners are now considered a vulnerable population and research is extremely restricted because of this. Prisoners shouldn't be allowed to participate in scientific research because they can be manipulated, it can be dangerous, and they aren't educated/smart enough to comprehend the tests being conducted.

The Doctor and Patient relationship aspect of Medicine has changed drastically in the last twenty years. It has evolved from paternalism (the doctor makes the decision for the patient) to shared decision making where the patient is considered an equal partner in his/her own health related decisions. Informed consent is the cornerstone for this view. When a patient or a research subject makes an autonomous decision after understanding, the risks and benefits involved with the decision is Informed consent. Complete Informed consent covers the following components: competency, disclosure, comprehension and voluntary. Competency refers to the requirement for the individual to be of legal age and be mentally competent to understand the process.

Every patient has a right to decide on their own course of treatment and freely consent to that treatment. In order to make an educated decision they must be provided with the proper information to make an informed choice (Opinion 8.08 - Informed Consent, 2006). It is the physician’s legal and ethical obligation to provide this information when making their recommendation on treatment. The choices given must be in accordance with good medical practice (Opinion 8.08 - Informed Consent, 2006). The informed consent is the legal policy, either written or verbal, that gives full disclosure of all the information including potential risks that is applicable to the patient’s condition and treatment being offered (Kazmier, 2008).

INFORMED CONSENT : Valid consent is impossible. To date, foetal tissue transplants have been handled as any other organ transplants under the UAGA, thus requiring consent of next of kin. The mother cannot give morally legitimate consent, since she initiated the termination of the pregnancy. Elimination of consent, however, would further turn the unborn child into an object; it would be inconsistent with the fact that, biologically, the developing foetus does not interpret the woman’s tissue. The UAGA and the NIH Panel both fail to discern the conflict between normal organ transplants and the function of foetal tissue. In the instance of foetal tissue, the mother is presumed to be the one who gives consent to the use of the tissue for the transplant (or for some other kind of experimentation). Granting to the normal understanding of proxy consent, her role assumes that she is working in the best interest of the unborn child. However, she is also the one who has initiated the final termination of pregnancy. Just quoting the part of the act dealing with informed consent stated in the NewZealand legislation

Explain how and why the concept of informed consent is critical to issues of euthanasia (active and passive) as well as physician-assisted suicide. Informed consent is a process for getting permission before conducting a healthcare intervention on a person, autonomy at its best. In physician assisted suicide we have the informed consent of the patient requesting the help to die. In this instance the patient is the direct cause or their own death, they just require the physician to help them get the medicine needed to end their life, they decide where and when to do it, and they are competent when making this decision. This is important when it comes to the law and the physician possibly being sued. In active euthanasia the physician gives

After reviewing the posts about NBS in the different states I was really surprised how the implementation of NBS varies across the states.

Why should you read consent forms? No really, why? Does anybody even read those things to start with? Why can’t you just trust the doctors and just take their words when they say it that all going to be ok Mr. Insert name here. That is the thing that journalist Deborah Franklin is trying to stop people from doing. In her passage “Informed Consent” she takes a stance against the way consent forms are handled, and the fact that that doctors do not take the time to explain the forms and the risks of the procedures to their patients is wrong and should be fixed. She believes that the doctors are responsible for this problem and they should be the ones to fix it, but that is where Franklins are claim is false. It should be a joint effort by

Delivery of excellent healthcare involves a multitude of dynamics including an extremely straightforward requirement of a patient’s permission for treatment or procedure. Informed consent, a patient’s authorization, consist of communiqué between healthcare provider or physician and the healthcare consumer, providing sufficient information allowing the patient to make a knowledgeable decision regarding healthcare treatment

Modern law reflects this idea: “certain forms of research with prisoners are permissible but often require review and approval from several agencies.” (oprs.usc). After decades of developing these laws, one would think that the laws reflect a careful, ethical way of testing on prisoners. In other words, prisoners should be better protected than the average person in medical testing, but that does not mean medical experimentation should be abolished for prisoners. Again, modern law carries this sentiment because “detention centers generally reserve the right to disallow a research activity from going forward at their facility.” (oprs.usc). Beyond a legal standpoint, there is also an argument to be made about the freedom and rights of prisoners. Should a prisoner not be allowed to participate in experiments (of course if complete consent is given). Prisoner experimentation, while it should be under harsher and more stringent regulations, should not be disallowed completely, for both the freedom and right of the prisoner and for large medical

The case study refers to the importance of gaining consent as a health care provider. If consent is not given by a competent adult (either the patient or a parent/guardian) then the patient has the right to sue for negligence as they have suffered because of treatment being conducted

“Respect for human beings involves giving due scope to peoples capacity to make their own decisions. In the research context, this normally requires that participation be the result of a choice made by the participants” (NHMR, 2007, p.3).  Freegard 2012 (p.60), states that “respecting the rights of others,” includes a responsibility for Health professionals “to let others know about their rights” and that this forms the basis of an informed consent.

There are various types of consent, where it includes implied consent, expressed consent, informed consent, verbal consent and nonverbal consent. Implied consent is a consent which is not expressly granted by a person, but rather inferred from a person’s actions, the facts and circumstances of a particular situation or in some cases, by a person’s silence or inaction. This type of consent may become an issue if there is any dissent or disagreement arising from the patient’s