Informed Consent: Legal Theory and Clinical Practice / Edition 2

by Jessica W. Berg, Paul S. Appelbaum, Charles W. Lidz, Lisa S. Parker

Overview

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 clinicians understand 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 incorporating informed 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 national policy, 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 those working in areas where issues of informed consent are likely to arise, including medicine, biomedical research, mental health care, nursing, dentistry, biomedical ethics, and law.

Product Details

ISBN-13:	9780195126778
Publisher:	Oxford University Press
Publication date:	07/12/2001
Edition description:	REV
Pages:	352
Product dimensions:	9.52(w) x 6.44(h) x 1.11(d)

About the Author

University of Massachusetts School of Medicine

University of Pittsburgh School of Medicine

University of Pittsburgh School of Law

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

Reviewer: Daniel Loiterstein, MD (Rush University Medical Center)
Description: This book provides an overview to the theory and practice of informed consent. The first edition was written in 1987.
Purpose: The author's purpose is to make accessible the ethical and legal foundations of informed consent to practicing clinicians. The authors point out that since the first edition, the legal doctrine in regards to informed consent has changed very little. Dramatic changes have occurred in regards to the setting in which informed consent is practiced. These conundrums have surfaced in areas such as managed care and clinical research. The authors meet their stated objective in providing a scholarly, thorough review of informed consent.
Audience: According to the authors, practicing clinicians are the desired audience for this book. No specialty is targeted specifically because no specialty is immune to the applicability of informed consent. Clinicians without a specific interest in informed consent may find the book too long and impractical to use. In contrast to many clinical texts, this book is not designed as a reference. The book is best read cover to cover. Each chapter is complemented and strengthened by those surrounding it. The authors come from a diverse background. Each has expertise complementing the different aspects of the topic. Among them are a lawyer, a physician, a social scientist, and a philosopher.
Features: The book is divided into five main sections. The first section addresses the basic ideas and ethics behind informed consent. The second section considers the relevant legal doctrine. Section three begins to meld the theory of informed consent with clinical practice. The fourth section focuses on the difficulties of informed consent in a research setting. The last section deals with the limitations of informed consent and presents a course of action to improve the clinical exercise of informed consent. The authors meet their goal in providing a comprehensive book about a topic traversing many disciplines focusing on relevance to clinical practice.
Assessment: This is a unique and complete resource for those involved with the process of informed consent. It is a valuable book for those not only wishing to understand informed consent, but to practice it effectively in clinical settings.

Doody's Review Service

"This remarkable book would be an excellent core text for every medical school curriculum." — American Journal of Ophthalmology

From the Publisher