Courts have had difficulty with compelled speech challenges to informed consent
statutes because of the intersection between speech and conduct.
(i) Where there is a medical emergency, the operation cannot be delayed, an otherwise legally competent child has given informed consent
and a parent or guardian refuses consent.
Within this framework, it is possible to separate the empirical research about informed consent
into two broad subjects.
After the patient, Shinal, sustained serious injuries during the procedure, he claimed that the doctor had not provided information necessary to allow him to give informed consent
. (Injured patients sometimes sue doctors for failing to obtain informed consent
, because doing so does not require a showing that the procedure itself was performed negligently.)
An earlier case heard by the same court had ruled that doctors, not hospitals, owe the legal duty to obtain informed consent
Alternative B calls for a client's informed consent
in writing, unless exempt due to exceptions such as representation consisting solely of telephone consultation or representation "provided by a lawyer employed by or participating in a program sponsored by a nonprofit organization, a bar association, an accredited law school, or a court and the lawyer's representation consists solely of providing information and advice or the preparation of court-approved legal forms."
The essence of my argument is that the ideas packaged by medical practitioners in the informed consent
communication and delivered verbally are most likely vastly dissimilar from those extracted, understood and eventually internalised by the patient-upon which she eventually decides.
Key Words: Informed Consent
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serves as protective communication
Moreover, a busy ophthalmological surgeon must usually perform many elective eye surgeries each day, and the informed consent
processes for these operations can vary greatly.
Optometrists can no longer be the primary source of consultation and informed consent
for refractive surgery patients, owing to new General Medical Council (GMC) rules from 1 June that state a surgeon must only perform refractive surgery on a patient who they have personally consulted with prior to the day of surgery and allowed a sufficient 'cooling off' period.
This right is embodied in the ethical and legal obligation of informed consent
: the right to consent necessarily has a corollary right to refuse.