It is the information conveyed, rather than the person conveying it, that determines
informed consent.
While most states do not require
informed consent to be in writing at all, the State Bar proposed Alternative A to encourage limited scope attorneys to obtain
informed consent in writing.
The prerequisites for the ICP to succeed in both clinical and research
informed consent are that informing must be both fully comprehensive and explicit, which Manson and O'Neil [16] argue it can never be.
Doyal and Canpell in their article on
informed consent and the practice of good dentistry have discussed a case of negligence against a dentist in British Dental journal.
In one other sense,
informed consent is based on a fiduciary relationship between the ObGyn and patient.
Although the doctor was found not negligent for the misdiagnosis, the plaintiff then proceeded on a lack of
informed consent theory, asserting that the doctor should have advised him of the availability of a carotid ultrasound test to rule out a TIA.
For example if a researcher wants to conduct a study on vitamin D levels of school going children (aged 13-15years), an assent from children in addition to LAR's
informed consent will be required.
Research in other countries has shown that despite the legal coercion to obtain an
informed consent in an appropriate way, what actually happens cannot fulfill legal and professional requirements and the content of most of them did not meet accepted standards.
If proper
informed consent is not obtained, the patient may recover damages in an action against the physician under different theories of recovery.
As a consequence of researchers ignoring participants' human rights New Zealand guidelines on
informed consent have been developed.
The ministry has decided that "for all clinical trials, in addition to the requirement of obtaining written
informed consent, audio-visual recording of the
informed consent process of each trial subject, including the procedure of providing information to the subject and his/her understanding on.
Question 1: Is an attorney permitted to allow a title insurance company to audit the firm's special trust account used exclusively for real estate and title transactions without the
informed consent of the clients who have no involvement with that particular title insurance company?
