Informed Consent and Patient Rights in Modern Medicine Analytical Essay by Nicky

A look at different aspects of medical consent.
# 145662 | 2,090 words | 7 sources | APA | 2010 | US
Published on Nov 21, 2010 in Law (Civil) , Medical and Health (Medical Studies)

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This paper examines the definition of informed medical consent and situations in which it is necessary and others in which it can be waived. First, the paper defines informed medical consent, further elaborating on the concept of implied consent. Then, it considers the legal aspects of informed medical consent, which include full informational disclosure by the health care professional, and voluntary consent of the patient. Next, the paper takes a look at liability for failure to disclose medical information and getting patient consent, citing relevant cases. Finally, the paper discusses recent changes in the law and how this impacts liability.

Introduction to Informed Consent
Modern Principles of Informed Consent Law in the United States
Potential Avenues for Civil Liability Under Contemporary Informed Consent Principles
Exceptions to Implied Consent Requirements and Implications of Recent Legal Changes

From the Paper:

"Likewise, under extremely exigent circumstances such as life-or-death emergencies, specific informed consent of the patient is not required, simply because withholding necessary treatment until the patient is capable of providing consent would be unreasonable under the circumstances. Other situations in which specific consent is not required before providing medical treatment include where consent is obtained from a family member or representative with legal standing to make medical decisions for another, as well as where patients are either functionally lacking in mental capacity or merely legally defined as lacking that capacity, such as in the case of minor patients accompanied by parents or other adult guardians."

Sample of Sources Used:

  • Abrams, N., Buckner, M. (1990) Medical Ethics: A Clinical Textbook and Reference for the Health Care Professions. Cambridge: MIT Press
  • Levine, C. (2008). Taking Sides: Clashing Views on Bioethical Issues. Dubuque Iowa: McGraw Hill.
  • O'Neill, O. (2002). Autonomy and Trust in Bioethics. Cambridge: Cambridge University Press.
  • Spector, R. (2000). Cultural Diversity in Health and Illness. New Jersey: Prentice Hall.
  • Stanhope, M., Lancaster, J. (2004). Community and Public Health Nursing. St. Louis: Mosby.

Cite this Analytical Essay:

APA Format

Informed Consent and Patient Rights in Modern Medicine (2010, November 21) Retrieved April 02, 2023, from

MLA Format

"Informed Consent and Patient Rights in Modern Medicine" 21 November 2010. Web. 02 April. 2023. <>