Informed consent: a socio-legal study

Introduction: Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surg...

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Main Authors:	Rathor, Mohammad Yousuf, Abdul Rani, Mohammed Fauzi, Mohamad Shah, Azarisman Shah, Akter, Sheikh Farid Uddin
Format:	Article
Language:	English
Published:	Malaysian Medical Association 2011
Subjects:	JX International law RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
Online Access:	http://irep.iium.edu.my/4297/ http://irep.iium.edu.my/4297/1/Informed_Consent.pdf

id	iium-4297
recordtype	eprints
spelling	iium-42972014-07-10T04:20:53Z http://irep.iium.edu.my/4297/ Informed consent: a socio-legal study Rathor, Mohammad Yousuf Abdul Rani, Mohammed Fauzi Mohamad Shah, Azarisman Shah Akter, Sheikh Farid Uddin JX International law RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine Introduction: Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surgical treatment. Recent changes in the health care delivery system and the complex sociological settings, in which it is practiced, have resulted in an increase in judicial activity and medical negligence lawsuits for physicians. While IC is a well-established practice, it often fails to meet its stated purpose. In the common law, the standard of medical care to disclose risks has been laid down by the Bolam test- a familiar concept to most physicians, but it has been challenged recently in many jurisdictions. This paper aims to discuss some important judgments in cases of alleged medical negligence so as to familiarize doctors regarding their socio-legal obligations. We also propose to discuss some factors that influence the quality of IC in clinical practice. Methods: Literature review. Results: The law of medical consent has been undergoing changes in recent years. Case law appears to be evolving towards a more patient centered standard of disclosure. Patient’s expectations are higher and they are aware of the power of exercising their rights. Failure to obtain IC is one of the common allegations in medical malpractice suits. Conclusion: The medical professionals need to change their mindset and avoid claims of negligence by providing information that is “reasonable” in the eyes of the court. Key Words: Informed consent, medical negligence, Medical ethics, Investigation, Bolam test Malaysian Medical Association 2011-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/4297/1/Informed_Consent.pdf Rathor, Mohammad Yousuf and Abdul Rani, Mohammed Fauzi and Mohamad Shah, Azarisman Shah and Akter, Sheikh Farid Uddin (2011) Informed consent: a socio-legal study. Medical Journal of Malaysia, 67. ISSN 0300-5283
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	JX International law RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
spellingShingle	JX International law RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine Rathor, Mohammad Yousuf Abdul Rani, Mohammed Fauzi Mohamad Shah, Azarisman Shah Akter, Sheikh Farid Uddin Informed consent: a socio-legal study
description	Introduction: Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surgical treatment. Recent changes in the health care delivery system and the complex sociological settings, in which it is practiced, have resulted in an increase in judicial activity and medical negligence lawsuits for physicians. While IC is a well-established practice, it often fails to meet its stated purpose. In the common law, the standard of medical care to disclose risks has been laid down by the Bolam test- a familiar concept to most physicians, but it has been challenged recently in many jurisdictions. This paper aims to discuss some important judgments in cases of alleged medical negligence so as to familiarize doctors regarding their socio-legal obligations. We also propose to discuss some factors that influence the quality of IC in clinical practice. Methods: Literature review. Results: The law of medical consent has been undergoing changes in recent years. Case law appears to be evolving towards a more patient centered standard of disclosure. Patient’s expectations are higher and they are aware of the power of exercising their rights. Failure to obtain IC is one of the common allegations in medical malpractice suits. Conclusion: The medical professionals need to change their mindset and avoid claims of negligence by providing information that is “reasonable” in the eyes of the court. Key Words: Informed consent, medical negligence, Medical ethics, Investigation, Bolam test
format	Article
author	Rathor, Mohammad Yousuf Abdul Rani, Mohammed Fauzi Mohamad Shah, Azarisman Shah Akter, Sheikh Farid Uddin
author_facet	Rathor, Mohammad Yousuf Abdul Rani, Mohammed Fauzi Mohamad Shah, Azarisman Shah Akter, Sheikh Farid Uddin
author_sort	Rathor, Mohammad Yousuf
title	Informed consent: a socio-legal study
title_short	Informed consent: a socio-legal study
title_full	Informed consent: a socio-legal study
title_fullStr	Informed consent: a socio-legal study
title_full_unstemmed	Informed consent: a socio-legal study
title_sort	informed consent: a socio-legal study
publisher	Malaysian Medical Association
publishDate	2011
url	http://irep.iium.edu.my/4297/ http://irep.iium.edu.my/4297/1/Informed_Consent.pdf
first_indexed	2023-09-18T20:12:28Z
last_indexed	2023-09-18T20:12:28Z
_version_	1777407568874831872

Informed consent: a socio-legal study

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