Knee and Hip TEP Surgery: The Surgeonsʼ Obligation to Give Information

2018 ◽  
Vol 157 (04) ◽  
pp. 386-391 ◽  
Author(s):  
Tobias Thielmann ◽  
Artem Tuzhikov
Keyword(s):  
Informed Consent ◽  
Medical School ◽  
Relevant Information ◽  
Civil Code ◽  
Self Determination ◽  
Physical Integrity ◽  
Correct Procedure

AbstractThe German Civil Code (BGB) establishes in § 630e BGB formal and content-related requirements to provide the patient with a solid fundament of information. This is necessary for a valid informed consent. Without it, the physician is liable for the violation of the patientsʼ physical integrity and his right to self-determination. According to German jurisprudence, this shall even apply when the treatment was conducted duly and without any complications. Therefore, it is astonishing that the correct way of giving information is neither taught in medical school nor in the residency. In practice, supervisors expect that young assistant doctors will be familiar with the correct procedure. As a result, many mistakes are made, even though these are easy to avoid. In this article, we point out all relevant information and the correct way of presenting this, using the example of hip/knee TEP operations.

scholarly journals Le droit de refuser un traitement psychiatrique au Québec

2005 ◽  
Vol 26 (4) ◽  
pp. 807-839 ◽  
Author(s):  
Daniel Gervais
Keyword(s):  
Informed Consent ◽  
Psychiatric Patients ◽  
Civil Law ◽  
Human Person ◽  
Civil Code ◽  
Self Determination ◽  
Constitutional Rights ◽  
Canadian Charter ◽  
The Public ◽  
Parens Patriae

There are various types of incapacity in the civil law of Québec. The provisions of the Civil Code concerning the interdiction of incapable persons are now supplemented by various statutes. In all cases, a curator — and generally the public curator — is appointed to accept or refuse treatment for an incapable person. Except in cases of serious emergency, it is clearly established that any treatment, whether medical or psychiatric, must be preceeded by the patient's informed consent. While some recourses already exist to protect the rights of an incapable patient for whom a curator has been appointed, this is not the case for psychiatric patients who are of legal age and legally competent, but who refuse treatment. In these cases, it is suggested that the decisions of Québec courts that have recognized a « defacto incapacity » and, consequently, forcible treatment on the basis of the « parens patriae » doctrine, may be ill-founded. This opinion is based on the application of the principles of self-determination and the inviolability of the human person, and by establishing a parallel with constitutional rights recognized by American courts which are now echoed in the new Canadian Charter of Rights. The author suggests that all recourses involving refusal of treatment be referred to a centralized administrative tribunal, in the light of the reform of the Civil Code.

Personalized Disclosure by Information-on-Demand: Attending to Patients' Needs in the Informed Consent Process

2012 ◽  
Vol 40 (2) ◽  
pp. 359-367 ◽  
Author(s):  
Gil Siegal ◽  
Richard J. Bonnie ◽  
Paul S. Appelbaum
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Patient Autonomy ◽  
Relevant Information ◽  
Self Determination ◽  
Health Care Decisions ◽  
Moral Agents ◽  
On Demand ◽  
Do So ◽  
The Ideal

In an explicit attempt to reduce physician paternalism and encourage patient participation in making health care decisions, the informed consent doctrine has become a foundational precept in medical ethics and health law. The underlying ethical principle on which informed consent rests — autonomy — embodies the idea that as rational moral agents, patients should be in command of decisions that relate to their bodies and lives. The corollary obligation of physicians to respect and facilitate patient autonomy is reflected in the rules that have been created to implement consent procedures, especially those requiring disclosure of relevant information.However, there are many practical impediments to patient self-determination in health care decisionmaking. Well-meaning physicians often lack the time to live up to the ideal of facilitating genuine, informed deliberation with and by their patients, and many lack the motivation or skill to do so successfully.

Should medical students perform pelvic exams on anaesthetised patients without explicit consent?

2021 ◽  
pp. 147775092110704
Author(s):  
Chloe Bell ◽  
Nathan Emmerich
Keyword(s):  
Medical Student ◽  
Informed Consent ◽  
Medical Students ◽  
Medical School ◽  
Consent Process ◽  
Potential Harm ◽  
Explicit Consent ◽  
Subsequent Discussion ◽  
Pelvic Examinations

There have been many reports of medical students performing pelvic exams on anaesthetised patients without the necessary consent being provided or even sought. These cases have led to an ongoing discussion regarding the need to ensure informed consent has been secured and furthermore, how it might be best obtained. We consider the importance of informed consent, the potential harm to both the patient and medical student risked by the suboptimal consent process, as well as alternatives to teaching pelvic examinations within medical school. The subsequent discussion focuses on whether medical students should perform pelvic examinations on anaesthetised patients without personally ensuring that they have given their explicit consent. Whilst we question the need to conduct pelvic examinations on anaesthetised patients in any circumstance, we argue that medical students should not perform such exams without personally securing the patients informed consent.

scholarly journals Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections

2018 ◽  
Vol 26 (3) ◽  
pp. 339-365
Author(s):  
Derek Inman ◽  
Dorothée Cambou ◽  
Stefaan Smis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Regional Level ◽  
Self Determination ◽  
African Continent ◽  
African Context ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
The Right

Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

scholarly journals The Visual Practice: the Infographic as a Facilitating Tool for Learning in Medical School

2020 ◽  
Vol 44 (4) ◽  
Author(s):  
Diêgo Andrade de Oliveira ◽  
Rosângela Souza Lessa ◽  
Suzana Cristina Silva Ribeiro ◽  
Pedro Fonseca de Vasconcelos
Keyword(s):  
Medical Students ◽  
Medical School ◽  
Evaluation Criteria ◽  
Education Institution ◽  
The Elderly ◽  
Relevant Information ◽  
Human Aging ◽  
Definition Of ◽  
Information Focus ◽  
Selection Of

Abstract: Introduction: In the context of medical school, the development of methodologies that stimulate the students’ search for learning, autonomy and creativity are essential for medical education in Brazil. The study aims to describe the construction of infographics as a pedagogical proposal for the learning of organic human aging processes by medical students. Method: Medical students attending the 4th period at a Higher Education Institution built infographics, as a requirement for the practical content of the Aging Process module. The static-type infographic was adopted, following criteria such as the definition of the target audience; definition of the objective; choice of topic; selection of the most relevant information (focus); direct and accessible language; organized information; choices of color palettes and style and; infographic sketch. The entire creation process was supervised by the teacher in charge of the project, and evaluation criteria were previously established. Results: The class was divided into seven groups, resulting in the production of an infographic with a specific topic per group. The human aging topics were: Degenerative Joint Diseases, Bone Weakness, Pneumonia in the Elderly, Acute Myocardial Infarction, Vascular Dementia, Atherosclerosis and Herpes Zoster. It is worth noting that in addition to the creation, each group presented the final product to the other colleagues, explaining each item included in the static infographic. Conclusions: We observed that the students satisfactorily met the proposed evaluation requirements, demonstrating their involvement in the construction of infographics and, above all, in simple, creative and objective learning, using a powerful visual tool. We also add that the printed material will be used as aid in the histology laboratory and in extramural activities.

Consenso informato. Una riflessione filosofico-giuridica sul tema

2012 ◽  
pp. 17-41
Author(s):  
Patrizia Borsellino
Keyword(s):  
Informed Consent ◽  
Self Determination ◽  
Historical Period ◽  
Human Beings ◽  
Physician Patient Relationship ◽  
Critical Areas ◽  
Current State ◽  
Common Goals ◽  
Individual Self ◽  
Physician Patient

The paper frames the issue from the philosophy of law's viewpoint to determine the current "state of health" of informed consent starting from some critical areas (like the physician-patient relationship, illnesses with poor prognosis and the endof life medical care, genetics, clinical research and practice) and from its legal sources (like judicial decisions). The author's claim is that informed consent does not need to be weakened in this historical period in order to strenghten solidarity and trust to achieve common goals for all human beings. Instead, she aims at proving that trust and solidarity should be placed in a participatory and cooperative scenario which should be fed by the respect, at the highest levels, of individual self-determination, and therefore of informed consent.

scholarly journals A survey of communication skills teaching at medical school

2006 ◽  
Vol 88 (3) ◽  
pp. 84-86 ◽  
Author(s):  
Andrew Raftery ◽  
Particia Scowen
Keyword(s):  
Informed Consent ◽  
Medical Students ◽  
Medical School ◽  
Communication Skills ◽  
Undergraduate Education ◽  
General Medical Council ◽  
Skills Assessment ◽  
Medical Council ◽  
Surgical Practice ◽  
Essential Component

Communication is an essential component of surgical practice. Awareness of its importance is increasing among surgeons due to both the association between litigation and poor communication and recent requirements for obtaining informed consent. The General Medical Council has stated that medical students should have acquired and demonstrated their proficiency in communication by the end of their undergraduate education. Furthermore, communication skills assessment is now a pass/fail component of the intercollegiate MRCS examination of the surgical royal colleges.

Professional Ethics and Parents as Consumers: How well are we Doing?

1995 ◽  
Vol 76 (7) ◽  
pp. 408-420 ◽  
Author(s):  
Harriette C. Johnson ◽  
David E. Cournoyer ◽  
Betsy M. Bond
Keyword(s):  
Mental Health ◽  
Informed Consent ◽  
Professional Ethics ◽  
Mental Health Problems ◽  
Codes Of Ethics ◽  
Health Problems ◽  
Self Determination ◽  
Professional Codes ◽  
Professional Codes Of Ethics ◽  
Cognitive Problems

Concerns of parents of children with emotional, behavioral, and cognitive problems with respect to the behavior and attitudes they encounter from professionals coincide with concerns professionals have about their own behavior as set forth in professional codes of ethics. Thirty-four experts on professional ethics evaluated items on a behavioral questionnaire. Parents then used the questionnaire to rate professionals who had worked with the mental health problems of their children. Problem areas identified included informed consent, parent self-determination, and respect and compassion for parents.

From Individual to Collective Consent: The Case of Indigenous Peoples and undrip

2019 ◽  
Vol 27 (2) ◽  
pp. 251-269
Author(s):  
Richard Healey
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The State ◽  
Self Determination ◽  
Sexual Ethics ◽  
The Third ◽  
Collective Decisions

Much of the debate around requirements for the free, prior, and informed consent of indigenous peoples has focused on enabling indigenous communities to participate in various forms of democratic decision-making alongside the state and other actors. Against this backdrop, this article sets out to defend three claims. The first two of these claims are conceptual in nature: (i) Giving (collective) consent and participating in the making of (collective) decisions are distinct activities; (ii) Despite some scepticism, there is a coherent conception of collective consent available to us, continuous with the notion of individual consent familiar from discussions in medical and sexual ethics. The third claim is normative: (iii) Participants in debates about free, prior, and informed consent must keep this distinction in view. That is because a group’s ability to give or withhold consent, and not only participate in making decisions, will play an important role in realising that collectives’ right to self-determination.

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