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Nursing Malpractice Case Studies:
June 20, 1999: Organ Donation Informed Consent, Is A Single Parent's Sufficient?
Organ donors are in high demand. Frequently intended
recipients can wait a lifetime for the critical matching organ. In
this case, two nurses obtained a consent from a child's mother. When
the father later expressed his disagreement, the child's corneas had been
harvested and it was too late.
Andrews v. Alabama Eye Bank, 727 S. 2d 62 –AL (1999)
http://www.nursingentrepreneurs.com/clinical.cases/062099.htm
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Be Informed: Questions To Ask Your Doctor Before You Have Surgery: Agency for Health Care Policy and Research, AHCPR, Rockville, MD.
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Informed Consent, Parental Permission, and Assent in Pediatric Practice, American Academy of Pediatrics (AAP):"The statement on informed consent, parental permission, and patient assent has a long and extraordinary history. The first draft of this document, prepared by William G. Bartholome, MD, was presented to the original American Academy of Pediatrics (AAP) Committee on Bioethics in 1985. Bill put his soul into the manuscript and has watched over it carefully ever since. Now, a decade later, those who have worked on its continued development and urged its adoption as Academy policy applaud its publication. No one is more gratified than its primary author and champion. Those who have had the privilege to know Dr Bartholome share his sense of accomplishment, but cannot help but experience a cruel sense of irony. Just as the work Bill considers his most important contribution has become available for public appreciation, Dr Bartholome suffers from a serious illness that threatens his life."
The American Academy of Pediatrics
141 Northwest Point Boulevard
Elk Grove Village, IL 60007-1098
USA
847/434-4000
847/434-8000 (Fax)
http://aappolicy.aappublications.org/cgi/content/abstract/pediatrics;95/2/314
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Tips on Informed Consent: Office for Protection from Research Risks:"The process of obtaining informed consent must comply with the requirements of 45 CFR 46.116. The documentation of informed consent must comply with 45 CFR 46.117. The following comments may help in the development of an approach and proposed language by investigators for obtaining consent and its approval by IRBs:
Informed consent is a process, not just a form. Information must be presented to enable persons to voluntarily decide whether or not to participate as a research subject. It is a fundamental mechanism to ensure respect for persons through provision of thoughtful consent for a voluntary act. The procedures used in obtaining informed consent should be designed to educate the subject population in terms that they can understand. Therefore, informed consent language and its documentation (especially explanation of the study's purpose, duration, experimental procedures, alternatives, risks, and benefits) must be written in "lay language", (i.e. understandable to the people being asked to participate). The written presentation of information is used to document the basis for consent and for the subjects' future reference. The consent document should be revised when deficiencies are noted or when additional information will improve the consent process."
Office for Human Research Protections,
Department of Health and Human Services
The Tower Building
1101 Wootton Parkway, Suite 200
Rockville, MD 20852
OHRP E-Mail Address
(301) 496-7005, ohrp@osophs.dhhs.gov
http://ohrp.osophs.dhhs.gov/humansubjects/guidance/ictips.htm
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Informed Consent: A website by Eileen Marie Wayne, M.D.
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Oncology (Cancer):
Cancer Trials:"cancerTrials is a clinical trials information resource from the National Cancer Institute."
A Guide to Understanding Informed Consent:"A comprehensive guide to informed consent, including the history of informed consent and the system of protections as well as information on what to expect during the informed consent process."
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Sample Surgical Informed Consent Agreements:
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Vendors (Commercial):
In-Forms:"The In-Forms marketing team works directly with doctors, clinics, hospitals, insurance companies and practice management consultants around the United States. Our research and authoring department uses national medical publications, university & hospital libraries, medical & legal consultants, and our practicing clients to keep our selection of forms up to date in a changing world of medical practice, procedures and technology."
In-Forms
PO Box 35194
Albuquerque, NM 87176-5194
1-800-955-2569 (national) or 505-255-2569, info@in-forms.com
http://www.in-forms.com/
See also: Medical, Legal Nurse Consultants, Clinical Nursing Case of the Week, Clinical Charting and Documentation, Nurses Notes, Courtrooms, Disability, Discrimination, Employment, Expert Witnesses, Informed Consent, Medical Malpractice, Nursing Practice Acts, Pensions, Search Engines, Torts and Personal Injury Unemployment, Workers Compensation, Workplace Safety:
The Uniform Resource Locator (URL) or Internet Street Address
of this page is
http://www.legalnursingconsultant.org/legal.nurse.consultants.lnc/informed.consent.medical.legal.htm
Created on June 7, 1999
Last updated by Andrew
Lopez, RN on Monday, January 14, 2008 |