Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent

  title={Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent},
  author={A. Piper},
  journal={The Journal of Law, Medicine \& Ethics},
  pages={301 - 313}
  • A. Piper
  • Published 1994
  • Psychology, Medicine
  • The Journal of Law, Medicine & Ethics
at is informed consent in medicine? For more than a generation, this deceptively simple w question has vexed the law, discomfited medicine, and generated much inspired, provocative, and even contentious commentary.’ The question has also spawned several lawLiits.2 On one side stand patients who claim that, at the time of consent, they were ignorant of a particular risk; who state that, with more or different information, they would have chosen a different treatment; and who argue that, because… Expand
12 Citations

Topics from this paper

Consent for transfusion: is it informed?
  • P. Holland
  • Medicine
  • Transfusion medicine reviews
  • 1997
If some event significantly changes some aspects of the information on which the patient relied in consenting and now should be aware of, then the patient should again give consent for transfusion, after being informed of this new information. Expand
Patient-centered informed consent in surgical practice.
Surgical consent is not an event or a signature on a form but is an ongoing process of communication that continues throughout preoperative, perioperative, and postoperative care, and consent is best conceptualized as shared decision making with patients or their surrogates. Expand
Intentional Learning: The Need for Explicit Informed Consent in Higher Education
The idea of informed consent, if not the language and underlying logic, is increasingly taken for granted by patients, research sub jects, clients, and even consumers who wish to conduct themselvesExpand
Informed Consent for Transfusion Recipients: How Much is Enough?
True informed consent is only possible for elective or planned transfusions for blood and components, which are not given in emergency or urgent situations, and when there is insufficient time to explore the rationale and alternatives, as well as potential harm from the transfusion. Expand
How Changes in Health Care Practices, Systems, and Research Challenge the Practice of Informed Consent
It is shown that decisions about care and research directed to individual patients rely more and more upon a population perspective and efforts to promote patient choice should attend to the ethical decision-making processes of institutions that create and sustain this perspective. Expand
Variables that affect the amount of the consent that clinical research subjects read
The purpose of this study was to determine how much of the consent research subjects read in relation to selected variables, and results suggest that 30-40% may not understand the study they are in. Expand
Consent In Surgical Practice: A brief review
A valid consent represents patients’ trust in the medical profession; therefore, it is very important for the surgeons to understand the ethical and legal values of the consent. Expand
Mainstreaming the Duty of Clarity and Transparency as Part of Good Administrative Practice in the EU
Language rights in the EU tend to be viewed in terms of the respect of national identity on the one hand and the clear and harmonised application of the internal market on the other. It is arguedExpand
Documentation and informed consent.
Develop good habits of documentation in areas such as medical record maintenance, handwriting, informed consent, and record tampering are focused on. Expand


The fiction of informed consent.
It is perhaps thought-provoking to point out that those who write so knowingly of this "doctrine" are lawyers, who find it a convenient notion in medical malpractice suits; medical academicians, who are insulated from the realities of patient care by a host of underlings; or directors of research, who delegate the actual conduct of their experiments to assistants. Expand
Informed consent in theory and practice: Legal and medical perspectives on the informed consent doctrine and a proposed reconceptualization
The exceptions to informed consent including emergency, incompetency, therapeutic privilege, and waiver are especially important in critically ill patients and reflect a balancing of autonomy values and society's interest in the promotion of health. Expand
Two models of implementing informed consent.
Two different ways in which informed consent can be implemented are described: the event model treats informed consent as a procedure to be performed once in each treatment course, and the process model tries to integrate informing the patient into the continuing dialogue between physician and patient that is a routine part of diagnosis and treatment. Expand
Consent in clinical experimentation: myth and reality.
The present discussion is directed to experimentation on one individual not for his good but for patients in general, because any rigid adherence to codes can provide a dangerous trap. Expand
Minimizing malpractice risks by role clarification. The confusing transition from tort to contract.
  • J. Green
  • Medicine
  • Annals of internal medicine
  • 1988
Physicians' patterns of allocating responsibility by express and implied agreements should be evaluated and changes made where needed and common misunderstandings that erode relationships and lead to litigation should be clarified. Expand
Strict liability and informed consent: "Don't say I didn't tell you so!
The doctrine of informed consent, as a corollary of negligence law, contemplates the medical consumer having a viable choice of surgical treatment based on the knowledge of material risks. Expand
Medical Malpractice: The Case for Contract
Medical malpractice, a subject that once languished in comparative obscurity, has in recent years become one of the most hotly debated topics of our time. The reasons for its surge to prominence, notExpand
The Decision-Analytic Approach to Medical Malpractice Law
The close relationship between difficult medical decisions with potentially tragic outcomes and feared malpractice litigation has been an impetus to seeking analytic tools to aid decision makers.Expand
Informed consent: court viewpoints and medical decision making.
  • D. Mazur
  • Medicine
  • Medical decision making : an international journal of the Society for Medical Decision Making
  • 1986
Twenty-five years of appellate court decisions about informed consent in three influential states were examined to address four issues: the criteria used to define adequate informed consent; trendsExpand
Court Viewpoints and Medical Decision Making
Twenty-five years of appellate court decisions about informed consent in three influential states were examined to address four issues: 1) the criteria used to define adequate informed consent; 2)Expand