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The evolution of informed consent in gastroenterology
Fallon O'Neill1, Parker O'Neill2, Sierra Schaffer3
1University of Oxford, Oxford, UK.
The Medico-Legal Journal
|May 30, 2023
Summary
Physicians must understand informed consent laws to reduce liability. This study clarifies legal duties in the UK and USA, recommending international guidelines and standardized forms for better patient consent in gastroenterology.
Area of Science:
- Medical Law
- Gastroenterology
- Informed Consent
Background:
- Medical litigation is increasing, necessitating physician understanding of informed consent legalities.
- Gastroenterologists face evolving legal standards for patient consent in the UK and USA.
- Evidence-based medicine requires adherence to legal duties during patient consent procedures.
Purpose of the Study:
- To clarify the legal duties of UK and USA gastroenterologists in obtaining informed consent.
- To provide recommendations for improving the patient consent process and reducing physician liability.
- To analyze the current literature on informed consent in gastroenterology.
Main Methods:
- Bibliometric analysis of Web of Science using "gastroenterology" and "informed consent" keywords.
- Screening of 383 articles, with 228 excluded based on inclusion criteria.
- Thematic analysis of the top 50 articles focusing on diagnostic procedures, treatment, and research.
Main Results:
- Most literature (72%) addresses informed consent for diagnostic procedures in gastroenterology.
- Both USA and UK legal standards have shifted from a "reasonable doctor" to a "reasonable patient" standard.
- American institutions contributed 48% and UK institutions 16% to the top 50 articles.
Conclusions:
- International guidelines for patient consent in gastroenterology are recommended.
- Standardized endoscopy consent forms are proposed to meet the "reasonable patient" standard.
- Improving the informed consent process can mitigate physician liability and enhance patient care.
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