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Cleveland State University

Constitutional Law

2007

Fetal pain

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Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie Jan 2007

Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie

Journal of Law and Health

Laws mandating disclosure of particular information are known as informed consent laws. They exist primarily in the area of reproductive health and most often apply to women seeking abortion. This article discusses the legal and ethical issues that arise when lawmakers decide what patients must be told before they can access certain medical procedures. Part II examines some of the ethical implications of informed consent laws. Physicians have a duty to obtain a patient's informed consent before acting. Part III discusses legal concerns raised by informed consent laws. These include the First Amendment free speech rights of physicians and patients' …