The Right to Veto - Or Emphasizing Adequate Decision-Making Processes? Clarifying the Scope of the Free, Prior and Informed Consent (FPIC) Requirement

2016 ◽  
Author(s):  
Hans Morten Haugen
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Decision Making Processes ◽  
The Right

Certified Patient Decision Aids: Solving Persistent Problems with Informed Consent Law

2017 ◽  
Vol 45 (1) ◽  
pp. 12-40 ◽  
Author(s):  
Thaddeus Mason Pope
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Medical Treatment ◽  
Shared Decision Making ◽  
Decision Aids ◽  
Shared Decision ◽  
Legal Doctrine ◽  
Patient Decision Aids ◽  
Patient Decision ◽  
Decision Making Processes

The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.

scholarly journals The Duty to Consult the Sámi in Norwegian Law

2020 ◽  
Vol 11 (0) ◽  
pp. 233
Author(s):  
Øyvind Ravna
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
International Law ◽  
Indigenous Peoples ◽  
General Review ◽  
Decision Making Processes

This article deals with the duty to consult indigenous peoples and the obligation to involve these peoples in decision-making processes in matters that concern them. After a general review of international legislation and obligations, particularly the ILO Convention no. 169 on Indigenous and Tribal Peoples, the article focuses on how these obligations are implemented towards the indigenous Sámi in Norwegian law. Here, the consultation agreement from 2005 and the Sámi Rights Committee’s 2007 draft are still central. The review includes an analysis of the extent to which these duties meet international law requirements, and a deliberation on the concept of free, prior and informed consent.

Citizenship at the Margins: Exploring Participation as ‘Right to the City’ in Vizhinjam, Kerala

Urbanisation ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 77-93
Author(s):  
Aarathi Ganga
Keyword(s):  
Decision Making ◽  
Human Development ◽  
Local Governments ◽  
Right To The City ◽  
Fishing Community ◽  
Urban Citizenship ◽  
Decision Making Processes ◽  
The Right ◽  
National Governments ◽  
The City

This article explores the nature of urban citizenship among fishers in Kerala, one of the state’s most marginalised communities, by analysing their participation in a centrally sponsored slum rehabilitation programme—Rajiv Awas Yojana (RAY)—in Vizhinjam, Thiruvananthapuram. The ‘right to participate’ is considered an integral part of the ‘right to the city’, and the inability of the fishing community to participate in the decision-making processes of urban development programmes that directly affect their lives reveals the exclusionary nature of their citizenship. In a state that is renowned for its achievements in human development and governance, the fishing community continues to be marginalised and lack collective power to influence policies. Participatory meetings in such contexts become tokenistic, and their transformative capacity is undermined. The inefficiency of participatory meetings organised under RAY also stems from the powerlessness of local governments to alter urban programmes designed by national governments.

Manufacturing Sourcing Practices and Relationships

2002 ◽  
Vol 13 (2) ◽  
pp. 101-113 ◽  
Author(s):  
Tim Baines ◽  
Gwyn Kay
Keyword(s):  
Decision Making ◽  
Structured Analysis ◽  
Decision Making Processes ◽  
Sourcing Decisions ◽  
Business Needs ◽  
Market Factors ◽  
The Right

Product‐sourcing practices can impact the competitiveness of an organization's products and services. Many sourcing practices exist and the challenge is to find the right practice, for the right product, at the right time. This paper describes a survey of 3,500 of UK companies, and reports on current and intended manufacturing sourcing practices; the associated decision‐making processes; and, the principal motives behind sourcing decisions. Key findings demonstrate a strong and ambitious trend towards open, integrated relationships between manufacturers and their principal suppliers; sourcing decisions increasingly based on well‐structured analysis of business needs and capabilities; and, the chief motivators being financial and market factors.

scholarly journals Decision Making in the PICU: An Examination of Factors Influencing Participation Decisions in Phase III Randomized Clinical Trials

2014 ◽  
Vol 2014 ◽  
pp. 1-6 ◽  
Author(s):  
Laura E. Slosky ◽  
Marilyn Stern ◽  
Natasha L. Burke ◽  
Laura A. Siminoff
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Randomized Clinical Trials ◽  
Pediatric Intensive Care ◽  
Phase Iii ◽  
Older Children ◽  
Decision Making Processes ◽  
Surrogate Decision Makers ◽  
Surrogate Decision ◽  
Participation Decisions

Background. In stressful situations, decision making processes related to informed consent may be compromised. Given the profound levels of distress that surrogates of children in pediatric intensive care units (PICU) experience, it is important to understand what factors may be influencing the decision making process beyond the informed consent. The purpose of this study was to evaluate the role of clinician influence and other factors on decision making regarding participation in a randomized clinical trial (RCT).Method. Participants were 76 children under sedation in a PICU and their surrogate decision makers. Measures included the Post Decision Clinician Survey, observer checklist, and post-decision interview.Results. Age of the pediatric patient was related to participation decisions in the RCT such that older children were more likely to be enrolled. Mentioning the sponsoring institution was associated with declining to participate in the RCT. Type of health care provider and overt recommendations to participate were not related to enrollment.Conclusion. Decisions to participate in research by surrogates of children in the PICU appear to relate to child demographics and subtleties in communication; however, no modifiable characteristics were related to increased participation, indicating that the informed consent process may not be compromised in this population.

Using KMS as a Tool to Improve Decision Making Process

2013 ◽  
pp. 1-11 ◽  
Author(s):  
Rawan Khasawneh ◽  
Emad Abu-Shanab
Keyword(s):  
Decision Making ◽  
Knowledge Management ◽  
Management Practices ◽  
Decision Making Process ◽  
Sustained Competitive Advantage ◽  
Decision Making Processes ◽  
Strategic Goals ◽  
Development Processes ◽  
The Right ◽  
Future Work

Knowledge plays a central role in the decision making process, and it provides a better foundation for managers to make high quality decisions. On the other hand, having the right knowledge at the right time to make the right decision is becoming a competitive weapon utilized by organizations to achieve sustained competitive advantage and other strategic goals. Based on that, it is important for organizations to manage their knowledge (organization intellectual asset) in a more effective and efficient way in order to gain such benefits. This chapter explores knowledge management and decision-making processes and its general concepts, reviews several conceptual frameworks of knowledge management that affect the decision making process proposed in the literature, and demonstrates several knowledge-management practices in software development processes. Conclusions and proposed future work are stated at the end of the chapter.

Exceptions to the Legal Requirements: Emergency, Waiver, Therapeutic Privilege, and Compulsory Treatment

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Medical Decision Making ◽  
Medical Decision ◽  
Consent To Treatment ◽  
Health Related ◽  
Consent Requirement ◽  
The Right ◽  
Therapeutic Privilege

In the preceding chapter we spoke of the requirement for informed consent in absolute terms, as something that was an invariable component of medical decision making. Over the years, courts have come to recognize that there are a number of situations in which physicians are permitted to render treatment without patients’ informed consent. Even under the earlier simple consent requirement, consent to treatment was not required in all situations. There are different kinds of situations in which requiring disclosure and obtaining consent could be detrimental to the patient, such as in an emergency or when the disclosure itself would harm the patient, and therefore in these situations informed consent is not required. Patients may also waive, or give up, the right to be informed and/or to consent. Here the concern is not with promoting health values but with promoting autonomy. Informed consent may also be dispensed with in a fourth set of cases, those of legally required treatment, in which the harm from requiring informed consent is not necessarily to the patient (or the patient alone) but to other important societal interests (e.g., civil commitment of the dangerous mentally ill—see Chapter 11—or forced treatment of patients with infectious disease). In addition, informed consent requirements are modified when a patient is incompetent (see Chapter 5). Each of these exceptions contains the potential for undermining the values sought to be implemented by the informed consent doctrine: self-determination and informed decision making. Exceptions that are too broadly defined and applied are a threat to these values. On the other hand, these exceptions are an important vehicle for the interjection into the decisionmaking process of another set of values, society’s interest in promoting the health of individuals. When judiciously defined and applied, the exceptions accord health-related values their due. However, the exceptions can be, and sometimes have been, defined so broadly as to dilute, if not dissolve, the fundamental duties imposed by the doctrine and to undermine its essential purpose of assuring patient participation in medical decision making (1).

Facing people through language use – linguistic tools to make proceedings fair

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Ervo
Keyword(s):  
Decision Making ◽  
Language Use ◽  
Legal Theory ◽  
Central Position ◽  
Procedural Law ◽  
Decision Making Processes ◽  
The Media ◽  
Court Proceedings ◽  
Legal Security ◽  
The Right

AbstractCourt proceedings should be fair. Accordingly, the right to be heard has traditionally been considered one of the fundamental principles of court proceedings. Earlier, this right was mainly interpreted in a normative and rather passive sense. Recently, however, the interpretation of the right to be heard has developed towards the requirement of active and factual participation of court parties on equal terms with the other parties involved. The explanation for this should be sought in modern (procedural) law, which is more sociologically influenced than has previously been the case. Nowadays fairness is also about feelings. Welfare in courts means not only the rule of law and legal security in its traditional form, but also a good atmosphere and the presence of concrete means to give fair experiences to people who visit courts. This places communication and interaction between judges and parties in a central position as some of the most important instruments for achieving a fair hearing. With regard to the formulation of judgments and decisions, it is important that court lawyers put themselves in the parties’ situation and give careful deliberation to the purpose of their texts and how they will be perceived and understood by those concerned. The media, too, has a key role to play as a communicating link between the courts and citizens. For the media to be able to give an all-round and balanced picture of the courts, decision-making processes in courts must, as far as possible, be observable, or, in other words, transparent. Therefore, courts are in the process of throwing open their doors and judges no longer tend to hide behind their law-books. Post-modern legal decision-making is “doing justice together” rather than isolated use of power. Courts need to face people. And to do that, they need to master the most crucial instrument of all, namely appropriate language use. The present article discusses how to realize/operationalize this “modern” form of fairness in courts and how to maintain it with reference to legal theory and practical needs.

scholarly journals Barriers of using Business Intelligence in enterprises

2019 ◽  
Vol 51 (2) ◽  
pp. 71-80
Author(s):  
Kamil Soszka
Keyword(s):  
Decision Making ◽  
Business Intelligence ◽  
Business Management ◽  
Decision Making Processes ◽  
Purpose Of Business ◽  
The Right ◽  
Support Decision Making ◽  
The Way

The purpose of Business Intelligence (BI) systems is to support decision-making processes, which is to improve business management. Achieving this goal boils down to obtaining the right information, which is used by the right people and in the right way. The said process is related to the method of using BI and the elements that affect it. However, on the way to a certain level of efficiency when it comes to the use of BI, there are obstacles that inhibit or prevent its achievement. The aim of the work is to identify barriers that reduce the effectiveness of BI use in enterprises.

scholarly journals Study of Obtaining Informed Consent in Pediatric Wards from the Viewpoint of Physicians and Children’s Parents

2021 ◽  
Vol In Press (In Press) ◽  
Author(s):  
Soodabeh Rezvani ◽  
Mohsen Fadavi ◽  
Shabnam Bazmi
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Test Method ◽  
Final Decision ◽  
Medical Team ◽  
Therapeutic Procedures ◽  
Right Relationship ◽  
Correct Communication ◽  
The One ◽  
The Right

Background: Obtaining informed consent for diagnostic and therapeutic procedures is of great moral and legal importance, which is more important in the field of pediatrics due to its specific issues. Objectives: Obtaining informed consent in the pediatric field is specific because of many factors, including the age of the patients and the necessity of obtaining consent from parents or legal guardians. This study aimed to evaluate the process of obtaining informed consent from the viewpoint of substitute decision-makers (parents or guardians) and physicians. Attention to the differences between the views of these two groups by establishing appropriate and correct communication skills between them can lead to greater satisfaction and increased effectiveness of treatments. Methods: In this descriptive study, the data were collected through questionnaires completed by 188 parents and 23 physicians. Finally, the statistical analysis was conducted using the one-sample t test method in SPSS 16. Results: In 96.3% of the cases, parents believed that where the patient, their relatives, and the medical team disagreed about the kind of treatment, the final decision was made by the medical team. One-third of them did not receive enough information or received no information at all. Informing parents about other possible treatments, complications of the procedures, considering the patients and their relatives’ opinions for the final decision, informing the child about his/her disease and treatment plans, and informing the parents about the possible outcomes were not in the favorable range. Physicians believed that decision about the treatment was made based on the opinion of the parents and the clinical committee, and only in 3.4% of the cases, their opinion was the basis for decision-making. Conclusions: The results showed that there was a gap between the parents and physicians’ opinions about informed consent, as the physicians believed that they act as the patients’ parents wish and the parents believed that their opinion played no important role in the final decision regarding the health of their children. Thus, it seems necessary to institutionalize the culture of participatory decision-making by physicians and parents in decisions related to the diagnosis and treatment of children, and more emphasis should be placed on establishing the right relationship between treatment staff and patients and their relatives.

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