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JAMA
Article . 1980 . Peer-reviewed
Data sources: Crossref
JAMA
Article . 1980 . Peer-reviewed
Data sources: Crossref
JAMA
Article . 1981
JAMA
Article . 1981
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Informed Consent: III

Authors: Leslie J. Miller;

Informed Consent: III

Abstract

IN THE preceding article (244:2100-2103, 1980), the nature of the doctrine of informed consent and various issues relating to the elements of a cause of action based on lack of informed consent were discussed. This article discusses various defenses to informed consent claims. DEFENSES TO INFORMED CONSENT CLAIMS There are a number of defenses to a claim of lack of informed consent. Some of these relate to the lack of materiality of the risk that was allegedly not disclosed. Others relate to standards of medical practice or to the question of proximate cause of the patient's injury. The major defenses have all been listed in a large number of cases and appear to be recognized in a large majority of jurisdictions. Unfortunately, however, the scope of the various defenses is extremely unclear, for two reasons. First, the applicability of such defenses depends primarily on the facts of the particular case. It

Keywords

Risk, Informed Consent, Fraud, Disclosure, Truth Disclosure, Risk Assessment, United States, Consent Forms, Humans, Emergencies

  • BIP!
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    citations
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    28
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
Powered by OpenAIRE graph
Found an issue? Give us feedback
citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
28
Average
Top 10%
Top 10%
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