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Informed consent: information about the physician

R Slovenko1

  • 1Wayne State University Law School, Detroit, MI.

Medicine and Law
|January 1, 1994
PubMed
Summary
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Informed consent now includes physician details, not just treatment information. Legal standards for proving harm from inadequate informed consent have also been updated.

Area of Science:

  • Medical Law
  • Bioethics
  • Patient Rights

Background:

  • The doctrine of informed consent traditionally focuses on disclosing treatment risks and benefits.
  • Evolving legal interpretations are expanding the scope of required disclosures in healthcare settings.

Purpose of the Study:

  • To analyze recent legal developments concerning the physician's duty to disclose information under the informed consent doctrine.
  • To examine modifications in the legal requirements for establishing causation between lack of informed consent and patient injury.

Main Methods:

  • Review of recent case law and legal scholarship on informed consent.
  • Analysis of judicial decisions impacting disclosure requirements and proof of harm.

Main Results:

Keywords:
Estate of Behringer v. Medical Center at PrincetonHealth Care and Public HealthLegal ApproachNational Practitioner Data BankProfessional Patient Relationship

Related Experiment Videos

  • Recent legal trends suggest that informed consent mandates disclosure of information pertaining to the physician, not solely the treatment.
  • The burden of proof for demonstrating a causal link between inadequate informed consent and patient injury has been modified.

Conclusions:

  • Physician disclosure is becoming an integral component of the informed consent doctrine.
  • Updated legal standards may impact malpractice litigation and patient advocacy in cases of informed consent breaches.