Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
Fordham Urban Law Journal
This Article examines the importance of patient autonomy and competence in medical decision making and how questions of competence affect informed consent. The author explores three hypothetical cases which "outline the parameters of 'competence' by illustrating the methodologies used in making [determinations of competence], distinguishing between ethical and legal issues in the assessment of competence, and reviewing the procedures for surrogate decision making when competence is deemed impaired." The cases present questions on when to respect patient autonomy and when it may be appropriate to allow a surrogate to take over decision making.
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Fordham Urban Law Journal
This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.
Informed Consent Without Autonomy, Daniel P. Sulmasy
Informed Consent Without Autonomy, Daniel P. Sulmasy
Fordham Urban Law Journal
This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.
The Goodness-Of-Fit Ethic For Informed Consent, Celia B. Fisher
The Goodness-Of-Fit Ethic For Informed Consent, Celia B. Fisher
Fordham Urban Law Journal
This Essay argues that informed consent policies for adults with mental disorders need to reflect a relational approach that re-conceptualizes consent vulnerability in terms of a "goodness-of-fit" between patient characteristics and the consent context. The author explains the concept of consent vulnerability and how it applies to individuals with mental disorders and may itself impair their ability to make informed decisions. She then examines four psycho-legal standards of informed consent and how to enhance their usefulness and accuracy. Finally, she provides three hypothetical situations and applies the "goodness-of-fit" model to them to illustrate the function of the concept.