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Informed consent: a global perspective.

D J McCormack1, A Gulati2, J Mangwani1

  • 1Department of Trauma and Orthopaedics, Leicester Royal Infirmary, Leicester, UK.

The Bone & Joint Journal
|June 2, 2018
PubMed
Summary
This summary is machine-generated.

Informed consent laws are shifting towards patient autonomy across English-speaking nations, moving away from medical paternalism. Surgeons must stay updated on these legal changes to ensure proper patient communication and avoid legal issues.

Keywords:
Informed ConsentLitigationMedicolegal

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Area of Science:

  • Medical Law
  • Surgical Ethics
  • Patient Rights

Background:

  • Historically, medical paternalism influenced informed consent processes.
  • Recent legal rulings, such as Montgomery v Lanarkshire Health Board (2015), signal a significant shift.
  • This evolution impacts surgical practice and patient autonomy.

Purpose of the Study:

  • To examine the legal and guideline landscape of informed consent in English-speaking countries.
  • To identify trends in patient-focused consent practices.
  • To inform surgeons about current legal standards and case law.

Main Methods:

  • Review of national guidance on surgical consent in the UK, Australia, New Zealand, Canada, and the USA.
  • Identification of underlying legislation through guidance references.
  • Analysis of key court documents and case law.

Main Results:

  • A discernible trend towards patient-centered informed consent across all studied nations.
  • The UK's Montgomery ruling exemplifies a move from paternalism to shared decision-making.
  • Divergent legal interpretations necessitate careful review of specific national requirements.

Conclusions:

  • Surgeons must be cognizant of evolving informed consent laws and landmark cases.
  • Adherence to current guidance prevents legal complications arising from outdated practices.
  • Promoting patient autonomy is central to contemporary surgical consent.