PMID: 3773652Oct 1, 1986Paper

Informed consent: court viewpoints and medical decision making

Medical Decision Making : an International Journal of the Society for Medical Decision Making
D J Mazur

Abstract

Twenty-five years of appellate court decisions about informed consent in three influential states were examined to address four issues: the criteria used to define adequate informed consent; trends in court decisions; parallels between court decision making and decision analysis; the contribution of decision analytic concepts to defining "reasonable" medical informed consent. Court standards have evolved in three phases: the "medical community" standard before 1972, the "reasonable person" standard since 1972, and recent inroads toward developing an "individual preference" standard. The latter two standards form the current basis for deciding whether a patient has been adequately informed. Decision analysis offers a framework for communication about medical outcomes and probabilities, and methods for assessing preferences. Jurists and physicians should consider whether the legal system should adopt a decision analytic perspective in the doctrine of informed consent. Researchers should address issues raised by use of decision analysis for communication between the physician and the patient.

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Citations

Sep 1, 1990·Journal of General Internal Medicine·S S WeirR A McNutt
Jun 1, 1993·Baillière's Clinical Rheumatology·L H Daltroy
Sep 1, 1990·The Journal of Legal Medicine·J F Merz, B Fischhoff
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Nov 23, 2011·Obstetrics and Gynecology·James L Whiteside
Sep 17, 2008·Journal of Pediatric Psychology·Jennie G NollKaren T Putnam
Aug 11, 2005·Value in Health : the Journal of the International Society for Pharmacoeconomics and Outcomes Research·Kathleen M BeusterienJamie C Jordan
Jul 1, 1989·Medical Decision Making : an International Journal of the Society for Medical Decision Making·A D Allen
Oct 1, 1991·Medical Decision Making : an International Journal of the Society for Medical Decision Making·J F MerzD J Mazur
Jul 1, 1990·Medical Decision Making : an International Journal of the Society for Medical Decision Making·R B Deber, V Goel
Jan 1, 1994·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·A Piper

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