Autonomy, Consent, and Medical Paternalism: Legal Issues in Medical Intervention

Matthew McCoy

doi:10.1089/acm.2007.0803

Reproductive rights: Current issues of late abortion

Stanovnistvo ◽

10.2298/stnv0901049m ◽

2009 ◽

Vol 47 (1) ◽

pp. 49-67

Author(s):

Hajrija Mujovic-Zornic

Keyword(s):

Reproductive Rights ◽

Medical Intervention ◽

Legal Issues ◽

Abortion Law ◽

Good Medical Practice ◽

Essential Question ◽

Late Abortion ◽

Woman's Rights ◽

Set Up ◽

Woman Health

This article considers the legal issues surrounding induced late abortion in cases when severe medical, therapeutic or ethical reasons have not been in dispute. Generally discussing the essential question about abortion today, it means not anymore legality of abortion but, in the first place, safety of abortion. From the aspect of woman health the most important aim is to detect and avoid possible risks of medical intervention, such as late abortion present. This is the matter of medical law context and also the matter of the woman's reproductive rights, here observed through legislation and court practice. The gynecologist has an obligation to obtain the informed consent of each patient. Information's should be presented in reasonably understandable terms and include alternative modes of treatment, objectives, risks, benefits, possible complications, and anticipated results of such treatment. Pregnant woman should receive supportive counseling before and particularly after the procedure. The method chosen for all terminations should ensure that the fetus is born dead. This should be undertaken by an appropriately trained practitioner. Reform in abortion law, making it legally accessible to woman, is not necessarily the product of a belief in woman's rights, but can be a means of bringing the practice of abortion back under better control. Counseling and good medical practice in performing late abortion are the instruments to drive this point even further home. It does not undermine the woman who wants to make a positive decision about her life and its purpose is not to produce feelings of insecurity and guilt. It concludes that existing law should not be changed but that clear rules should be devised and board created to review late term abortion. In Serbia, this leads to creation and set up guidelines for reconciling medical justification for late abortion with existing law, especially with solutions which brings comparative law. .

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КОНЦЕПЦІЯ ДОБРОВІЛЬНОЇ ІНФОРМОВАНОЇ ЗГОДИ: ЗАЦІКАВЛЕНИЙ ПОГЛЯД ІЗ БОКУ ПАЦІЄНТА

Medical Informatics and Engineering ◽

10.11603/mie.1996-1960.2012.2.184 ◽

2012 ◽

Author(s):

В. Г. Сердюк ◽

В. А. Корогод ◽

С. П. Козодаєв

Keyword(s):

Informed Consent ◽

Medical Intervention ◽

Legal Issues ◽

Theory And Practice ◽

Voluntary Informed Consent

<p>There were reviewed the most important medical and legal issues of responsibility, that appears during medical intervention. The authors presented the most spread interpretations of the theory and practice of voluntary informed consent of patients, and figured the features of key solutions legal rationale.</p>

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Problem aspects of compiling and obtaining informed voluntary consent for orthodontic treatment

Problems of Uninterrupted Medical Training and Science ◽

10.31071/promedosvity2021.02.055 ◽

2021 ◽

Vol 42 (2) ◽

pp. 55-59

Author(s):

P. V. Rosiiskіi ◽

◽

Iu. O. Voroshilova ◽

Sh. Taravneh ◽

◽

...

Keyword(s):

Medical Records ◽

Orthodontic Treatment ◽

Surgical Techniques ◽

Medical Intervention ◽

Legal Issues ◽

Dental Practice ◽

Dental Pathology ◽

Conflict Situations ◽

Voluntary Consent ◽

Methods Of Treatment

Today, it should be recognized that the legislation of the Ministry of Health of Ukraine on obtaining informed voluntary consent of the patient to medical intervention, in the vast majority relate to general medical and dental practice. The use of orthodontic methods of treatment of dental pathology, especially in combination with modern surgical techniques, requires medical records to reflect specific issues: what information, to what extent it is necessary to inform the patient before orthodontic treatment. Insufficient disclosure leads to problems in the patient’s coordination of the plan, timing of treatment and understanding of possible complications, which can lead to aggravation of the doctor-patient relationship. The article analyzes more than 100 results of the completion of orthodontic interventions for the period of 2018–2020 years of practical activity, which revealed exciting questions from patients and made it possible to compile a generalized list of reasons for the occurrence of possible conflict situations. In the course of treatment, they were successfully eliminated and analyzed, which made it possible to establish the priority components of the practically useful volume of information in the text of the patient’s voluntary consent with the peculiarity of performing orthodontic work. Taking into account these aspects, the doctor gets the opportunity to provide specific argumentation and defense of his actions, prevention of professional misunderstandings and legal issues in dental practice.

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