Elements Of The Legal Citation Lugenbuhl V. Dowling

State of New South Wales v Lepore [2003] 212 CLR 511, 536 per Gleeson CJ.

In their article, “The Concept of Informed Consent,” Faden and Beauchamp give two varying definitions of informed consent, namely sense one and sense two. Sense one is defined as autonomous authorization, meaning that the patient or subject agrees and then gives authority to move forward with a proposal (Vaughn 191). The authors give four conditions that have to be met for informed consent to be recognized: the patient has to understand the information presented to her, there should be no manipulation or coercion, and she has to intentionally give her authorization (Vaughn 191). Faden and Beauchamp also note that the fourth condition, where the patient gives her authorization, is pivotal in this sense since it differentiates autonomous authorization

Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

The Court ruled in favor of the appellant, and the decision is described as follows:

Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)

The Doctor and Patient relationship aspect of Medicine has changed drastically in the last twenty years. It has evolved from paternalism (the doctor makes the decision for the patient) to shared decision making where the patient is considered an equal partner in his/her own health related decisions. Informed consent is the cornerstone for this view. When a patient or a research subject makes an autonomous decision after understanding, the risks and benefits involved with the decision is Informed consent. Complete Informed consent covers the following components: competency, disclosure, comprehension and voluntary. Competency refers to the requirement for the individual to be of legal age and be mentally competent to understand the process.

Patient informed consent refers to the situation where the patient is fully informed on the consequences of their health care decision after which the patient gives the decision. For there to be informed consent, there are five elements that must be discussed. The first is the nature of the patient's decision then the applicable alternatives to the proposed intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives. Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's competency to make the decision must be addressed. The criteria for evaluating the patient's competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided the person is able to understand, retain and use information provided and to communicate their decision in any way such as talking or sign language, they are competent to make a decision. If a patient is treated against their refusal to consent, it amounts to the tort of battery or can also be considered the crime of assault. In addition to this, laws that touch on human rights reinforce the importance of the protection of the physical integrity of the individual in terms of their right to respect of their private life. Therefore, refusal of medical treatment is a human right.

PLEASE TAKE NOTICE, that the undersigned, Elise Smith, Esquire, did prepare Defendants, Lewis E. Olson and Albert Dobiash's Interrogatories to answer.

Review the cases below by going to the “Detailed Contents” section of the Contemporary Criminal Law textbook. After reviewing the case, select the defense that was represented in the case from the following list:

Obtaining an informed consent is a vital part of current health care. This document lists out several key pieces of information for both the patient, Provider, and the ancillary staff that also access the document during the procedure process. However, obtaining informed consent has not always been the practice norm and in research, informed consent carries different specifications.

Alves v. Bd. of Regents of the Univ. Sys. of Ga. 804 F3.d 1149 (11th Cir. 2015)

It is best demonstrated when patients signs for proposed treatment once they feel fully informed and completely understand what a treatment or procedure entails. The idea of informed consent is based on the principle of autonomy and respect of self-determination. In this paper I am going to present different perspectives of informed consent by different institutions that why it is important to treatment procedure.

Informed consent is supposed to show that the patient has been informed of the possible risks or consequences, typically for treatment they are agreeing to receive from a doctor. A person might be faced with giving informed consent in research settings, specialized treatments, and/or routine appointments with any health care provider. In the medical field physicians must obtain informed consent from every patient/patient representative in order to treat the patient without leaving themselves open to a lawsuit for negligence.

Hall, K. L., Wiecek, W. M., & Finkelman, P. (1991). American legal history: Cases and