Informed Consent in Surgery: Legal and Ethical Considerations
DOI:
https://doi.org/10.52783/jns.v14.1650Keywords:
Informed consent, Surgical ethics, Legal obligations, Patient autonomy, Medical malpracticeAbstract
In surgery, patients must give free permission to medical procedures after being fully told of the risks, rewards, and other options. This is called "informed consent," and it is both an ethical and legal requirement. Patients' right to make their own decisions and be independent is protected by this idea. This means that medicines can't be given to them without their clear permission. Surgeons are required by law to give people enough information about the surgery they are suggesting so that they can make an informed decision about their care. Ignoring educated consent could lead to legal action, such as malpractice cases. In terms of ethics, the method goes beyond simple openness because it includes respecting the patient's right to make their own decisions and building trust between patients and healthcare workers. Surgeons have to give patients correct and understandable information while considering how well they can handle complicated medical information, which can change depending on their age, culture, and mental health. Making sure that patients are not pushed or misled and fixing language problems or gaps in health knowledge are problems that can come up with informed consent. Ethical problems can also happen when patients don't give permission, like in an emergency or when the patient isn't able to speak for themselves. This makes proxy decision-making problematic. As medical processes change with new technology, it is still necessary to have updated rules and ways of making sure that patients give their informed consent. This is to protect patients' rights and keep surgery ethical. This paper talks about how medical procedures and technology are changing by looking into the tricky area where legal requirements and moral issues meet when getting informed consent.
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Moreira, B.F.; Santos, C.C.; Duarte, I. Consent for Teaching-The Experience of Pediatrics and Psychiatry. Healthcare 2023, 11, 1270.
Moller, J.E.; Clemmensen, C.R.; Mohamed, N.A.; Sondergaard, S.; Saether, S.; Andersen, T.H.; Gormsen, L. Medical students’ perspectives on the ethics of clinical reality. Dan. Med. J. 2020, 67, A10190600.
Walker, S.; Reid, P.; Anderson, L.; Bull, S.; Jonas, M.; Manning, J.; Merry, A.; Pitama, S.; Rennie, S.; Snelling, J.; et al. Informed consent for medical student involvement in patient care: An updated consensus statement. N. Z. Med. J. 2023, 136, 86–95.
Pallocci, M.; Treglia, M.; Passalacqua, P.; Tittarelli, R.; Zanovello, C.; De Luca, L.; Caparrelli, V.; De Luna, V.; Cisterna, A.M.; Quintavalle, G.; et al. Informed Consent: Legal Obligation or Cornerstone of the Care Relationship? Int. J. Environ. Res. Public Health 2023, 20, 2118.
Gil-Santos, I.; Santos, C.C.; Duarte, I. Medical Education: Patients’ Perspectives on Clinical Training and Informed Consent. Int. J. Environ. Res. Public Health 2022, 19, 7611.
Kovic, Ž.; Kobua, M.; Fogarty, M.; Donohoe, C.L.; Kelly, M.E.; Fitzmaurice, G.J.; Fitzgerald, M.; Zambra, P.; Geary, U.; Ward, M.E. Valid consent in the acute hospital setting: Perspectives of patients and members of the public. Ir. J. Med. Sci. 2024, 193, 1703–1714.
Vansweelt, T.; Glover-Thomas, N. (Eds.) Informed Consent and Health. A Global Analysis; Global Perspectives on Medical Law series; Elgar Online: Cheltenham, UK, 2020.
Villanueva, C.; Talwar, A.; Doyle, M. Improving informed consent in cardiac surgery by enhancing preoperative education. Patient Educ. Couns. 2018, 101, 2047–2053.
Manta, C.; Ortiz, J.; Moulton, B.; Sonnad, S. From the Patient Perspective, Consent Forms Fall Short of Providing Information to Guide Decision Making. J. Patient Saf. 2021, 17, e149–e154.
Dyke, R.; St-John, E.; Shah, H.; Walker, J.; Loughran, D.; Anakwe, R.; Nathwani, D. Comparing shared decision making using a paper and digital consent process. A multi-site, single centre study in a trauma and orthopaedic department. Surgeon 2023, 21, 235–241.
Wiig, S.; Macrae, C.; Frich, J.; Øyri, S.F. Naming the “baby” or the “beast”? The importance of concepts and labels in healthcare safety investigation. Front. Public Health 2023, 11, 1087268.
van der Pijl, M.S.G.; Klein Essink, M.; van der Linden, T.; Verweij, R.; Kingma, E.; Hollander, M.H.; De Jonge, A.; Verhoeven, C.J. Consent and refusal of procedures during labour and birth: A survey among 11 418 women in the Netherlands. BMJ Qual. Safe 2024, 33, 511–522.
Bolcato, V.; Franzetti, C.; Fassina, G.; Basile, G.; Martinez, R.M.; Tronconi, L.P. Comparative study on informed consent regulation in health care among Italy, France, United Kingdom, Nordic Countries, Germany, and Spain. J. Forensic Leg. Med. 2024, 103, 102674.
Sebastian, A.; Wyld, L.; Morgan, J.L. Examining the variation in consent in general surgery. Ann. R. Coll. Surg. Engl. 2024, 106, 140–149.
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