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Consent and Informed Consent

Also see: Privacy / Right to Die & Assisted Suicide

Statutes and Regulations

Federal standards for consent for hospital medicare surverys

Cases

Pfizer sued for improper consent in medical experiments in Nigeria - Abdullahi v. Pfizer, Inc., No. 02-9223 (2d Cir. 10/08/2003)

How Specific Must the Notice be in FTCA Cases? - Goodman v. U.S., 298 F.3d 1048 (9th Cir. 2002) - this case involved a claim for failure of consent to an experimental treatment.

Court rejects 35 year informed consent claims against researchers - Heinrich v. Sweet, 308 F.3d 48 (1st Cir. 2002)

Physician sued for allowing drug company representative to participate in patient care - Sanchez-Scott v. Alza Pharmaceuticals, 86 Cal.App.4th 365, 103 Cal.Rptr.2d 410 (Cal.App. Dist.2 2001)

CA Limits Right to Terminate Life Support When There Is Familial Conflict - Wendland v. Wendland, 26 Cal.4th 519, 28 P.3d 151, 110 Cal.Rptr.2d 412 (Cal. 2001)

No Consent is not failure of informed consent - Wuerz v. Huffaker, 42 S.W.3d 652 (Mo.App. E.D. 2001)

Is There A Duty To Recommend Quack Cures? - Schiff v. Prados, 112 Cal.Rptr.2d 171, 1 Cal. Daily Op. Serv. 8547, 2001 Daily Journal D.A.R. 10,547 Cal.App. 1 Dist. Sep 28, 2001.

Maryland Court Imposes Judicial Review on Non-Therapeutic Research on Children - Grimes v. Kennedy Krieger Institute, Inc., No. 128 September Term, 2000 (Md. 08-16-2001)

Brief - No liability for providing life-saving care to an infant over the parents' refusal - HCA. Inc. v. Miller, 36 S.W.3d 187 (2000)

Brief - Physicians do not have a duty to disclose illicit drug use to their patients - Albany Urology Clinic, P.C. v. Cleveland, 272 Ga. 296, 528 S.E.2d 777 (Ga., Mar 06, 2000)

Brief - Misrepresentations about a physician's qualifications void informed consent - Duttry v. Patterson, 741 A.2d 199 (Pa.Super., 1999) - on appeal

Research Subjects Must Be Told If Treatment Is Available Outside The Trial - Stewart v. Cleveland Clinic Foundation, 136 Ohio App.3d 244, 736 N.E.2d 491 (Ohio App. Dist.8 12/06/1999)

Court holds that there can be liability for rendering emergency care against the patient's consent - Shine v. Vega, 429 Mass. 456, 709 N.E.2d 58 (Mass. 1999) - This is a complex case and must be read carefully. The action was based on a later refusal to go to the hospital because of previous unconsented emergency care. While the court recognized that there can be liability for refusing to honor the patient's wishes, it is not clear that this case is a good example.

Withdrawal of life-support is covered by the LA medical malpractice act - Causey v. St. Francis Medical Center, 719 So.2d 1072 (La.App. Cir.2 1998)

Informed Consent in Louisiana - Lugenbuhl v. Dowling, 701 So.2d 447 (La. 1997), rehearing denied (Nov 21, 1997).

State may ban physician-assisted suicide - Vacco v. Quill, 117 S. Ct. 2293 (U.S. 1997) and Washington v. Glucksberg, 521 U.S. 702 (1997)

NJ Allows malpractice claim for not warning child of parent's genetic predisposition to cancer - Safer v. Estate of Pack, 291 N.J.Super. 619, 677 A.2d 1188 (N.J.Super.App.Div. 1996)

Physician's experience as an element of informed consent - Johnson v. Kokemoor, 545 N.W.2d 495, 199 Wis. 2d 615 (Wi 1996)

FL recognizes duty to warn patient of transmissibility of genetic disease to child - Pate v. Threlkel, 661 So.2d 278 (Fla. 1995), rehearing denied (Oct 10, 1995)

Wilkerson v. Mid-America Cardiology, 908 S.W.2d 691 (Mo.App. W.D. Jul 25, 1995) - This case is a good example of how systems failures in a hospital's consent process can result in a patient having surgery without any consent having been obtained.

No duty to inform patient of non-medical information - ARATO v. AVEDON 858 P.2d 598 (Cal 1993)

Supreme Court sets standards for proving refusal of medical care - Cruzan v. Director, Missouri Dep't of Health, 497 U.S. 261 (1990)

Moore v. Regents of University of California, 793 P.2d 479 (Cal. 1990) - This case establishes that a physician must disclose conflicts of interest that can affect patient care. It is based on breach of fiduciary duty and is one of the few cases to arise from medical research.

May a patient consent to unorthodox treatment? - Schneider v. Revici, 817 F.2d 987 (2nd Cir. 1987)

Soldier cannot sue government for LSD experiments - U.S. v. Stanley, 479 U.S. 1005 (1986)

Moore v. Preventive Medicine Medical Group Inc., 178 Cal. App. 3d 728, 223 Cal. Rptr. 859 (Cal.App.Dist.2 03-11-1986) - This case involves the failure of a referring physician to properly inform the patient of the importance of seeing the specialist and not assuring that the patient went to the appointment.

Truman v. Thomas, 611 P.2d 902 (Cal. 1980) - This case involves the failure to warn the patient of the risks of not consenting to a diagnostic test.

Nurse Disciplined for Telling Patient about Alternative Treatments - Tuma v. Board of Nursing, 100 Idaho 74, 593 P.2d 711 (Idaho Apr 17, 1979) - This is an older case in which a nurse who told a patient about alternative treatments was disciplined for unprofessional conduct for interfering with the physician-patient relationship.

Canterbury v. Spence., 464 F.2d 772 (D.C. Cir. 1972) - Classic case articulating the reasonable patient standard.

Cobbs v. Grant, 8 Cal. 3d 229, 502 P.2d 1, 104 Cal. Rptr. 505 (Cal. 1972) - This is one of the first modern informed consent cases.

Hospital cannot require a release of liability before treatment - Tunkl v. Regents of University of California, 60 Cal. 2d 92, 383 P.2d 441, 32 Cal. Rptr. 33 (Cal. 1963)

Consent as a fiduciary duty - Moore v. Webb, 345 S.W.2d 239 (Mo.App. 1961) - This is a classic early case based on total failure of consent to extract plaintiff's teeth.

Schoendorff v. Society of New York Hosp., 105 N.E. 92, 93 (N.Y. 1914)

 

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