Informed consent - as an ethical ideal and legal doctrine - has been the source of much concern to clinicians. Drawing on a diverse set of backgrounds and two decades of research in clinical settings, the authors - a lawyer, a physician, a social scientist, and a philosopher - help clinicians understand and cope with their legal obligations and show how the proper handling of informed consent can improve , rather than impede, patient care. Following a concise review of the ethical and legal foundations of informed consent, they provide detailed, practical suggestions for incorporating informed consent into clinical practice. This completely revised and updated edition discusses how to handle informed consent in all phases of the updated edition discusses how to handle informed consent in all phases of the doctor-patient relationship, use of consent forms, patients' refusals of treatment, and consent to research. It comments on recent laws and national policy, and addresses cutting edge issues such as fulfilling physician obligations under managed care.
This clear and succinct book contains a weath of information that will not only help clinicians meet the legal requirements of informed consent and understand its ethical underpinnings, but also enhance their ability to deal with their patients more effectively. It will be of value to all those working in areas where issues of informed consent are likely to arise, including medicine, biomedical research, mental health care, nursing, dentistry, biomedical ethics, and law.

Jessica W. Berg, Assistant Professor of Law and Bioethics, Case Western Reserve Unviersity, Schools of Law and Medicine, Paul S. Appelbaum, A. F. Zelenik Distinguished Professor of Psychiatry and Chair, Charles W. Lidz, Research Professor of Psychiatry, both at the University of Massachusetts Medical School, and Lisa S. Parker, Associate Professor and Director of Graduate Education, University of Pittsburgh

""This remarkable book would be an excellent core text for every medical school curriculum." -- American Journal of Opthalmology"

""...an interesting and well researched book...demonstrates extensive knowledge over a range of disciplines...useful and stimulating." -- Bioethics"

""It is appropriate reading for all physicians who seek to improve their skills in establishing an effective therapeutic relationship." -- American Journal of Psychiatry"

""Because it integrates theory and practice this book represents an advance in the informed-consent literature and should be read by medical students, house staff, attending physicians, nurses and all other who care for and about patients. Those who view informed consent as a bureaucratic nuissance or who believe consent is something to "get" will be forced to question their assumptions. Lawyers who read this book will discover that adversarial legal proceedings may not promote quality patient care. Finally, this book should be read by lay people. They will become even better partners in the process of medical decision-making." -- Canadian Medical Association Journal"

""Who should read this book? Ideally, every health care professional; realistically, those charged with the education of students and the continuing education of those now in practice." -- Journal of the American Medical Association"

1: Informed Consent: Framing the Questions
2: The Concept and Ethical Justification of Informed Consent
3: The Legal Requirements for Disclosure and Consent: History and Current Status
4: Exceptions to the Legal Requirements: Emergency, Waiver, Therapeutic Privilege and Compulsory Treatment
5: Exceptions to the Legal Requirements: Incompetence
6: Legal Rules for Recovery
7: Critical Approaches to the Law of Informed Consent
8: The Role of Informed Consent in Medical Decision-making
9: Consent Forms: Documentation and Guidance
10: Managed Care and Informed Consent
11: Patients Who Refuse Treatment
12: The Independent Evolution of Informed Consent to Research
13: Fulfilling the Underlying Purpose of Informed Consent to Research
14: The Limits of Informed Consent
15: An Agenda for the Future