Legal Briefing: Informed Consent
Thaddeus Mason Pope
Hamline University - School of Law; Queensland University of Technology - Australian Health Law Research Center; Saint Georges University; Alden March Bioethics Institute
August 3, 2010
Journal of Clinical Ethics, Vol. 2, No. 1, p. 72, 2010
Since 2009, Professor Pope has authored a quarterly “Legal Briefing” column for the Journal of Clinical Ethics. Each briefing comprehensively reviews legal developments concerning a particular issue in clinical bioethics. The Journal of Clinical Ethics owns the exclusive copyright to distribute the full-text content.
This issue’s “Legal Briefing” column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: (1) general disclosure standards in the clinical context, (2) shared decision making, (3) statutorily mandated abortion disclosures, (4) statutorily mandated end-of-life counseling, (5) other statutorily mandated subject-specific disclosures, (6) U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law, (7) relaxed informed consent for HIV testing, (8) general disclosure standards in the research context, and (9) issues on the horizon.
Keywords: informed consent, medical ethics, disclosure, health law
JEL Classification: K32
Date posted: August 5, 2010 ; Last revised: July 1, 2014