Informed Consent: Legal Theory and Clinical Practice

Hardcover | July 15, 2001

byJessica W. Berg, Paul S. Appelbaum, Charles W. Lidz

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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 cliniciansunderstand 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 incorporatinginformed 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 nationalpolicy, 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 thoseworking in areas where issues of informed consent are likely to arise, including medicine, biomedical research, mental health care, nursing, dentistry, biomedical ethics, and law.

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From the Publisher

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 cliniciansunderstand and cope with their legal obligat...

Jessica W. Berg is at Case Western Reserve Unviersity, Schools of Law and Medicine.
Format:HardcoverDimensions:352 pages, 5.91 × 9.09 × 1.18 inPublished:July 15, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195126777

ISBN - 13:9780195126778

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Table of Contents

1. Informed Consent: Framing the Questions2. The Concept and Ethical Justification of Informed Consent3. The Legal Requirements for Disclosure and Consent: History and Current Status4. Exceptions to the Legal Requirements: Emergency, Waiver, Therapeutic Privilege and Compulsory Treatment5. Exceptions to the Legal Requirements: Incompetence6. Legal Rules for Recovery7. Critical Approaches to the Law of Informed Consent8. The Role of Informed Consent in Medical Decision-making9. Consent Forms: Documentation and Guidance10. Managed Care and Informed Consent11. Patients Who Refuse Treatment12. The Independent Evolution of Informed Consent to Research13. Fulfilling the Underlying Purpose of Informed Consent to Research14. The Limits of Informed Consent15. An Agenda for the Future

Editorial Reviews

"The first edition of this landmark book was published in 1987. This second edition, like its predecessor, is a superb blend of ethics, law, practice, and research."--Psychiatric Services April 2002