Exploring the Legal Landscape: Where is the Doctrine of Informed Consent Typically Outlined?
Informed consent is a fundamental principle in medical ethics and legal practice, requiring healthcare providers to obtain voluntary and informed consent from patients before performing any medical interventions. This doctrine recognizes the right of patients to be fully informed about their medical conditions, treatment options, potential risks, and benefits of medical procedures, and to make autonomous decisions based on that information.
But where is the doctrine of informed consent typically outlined in the legal landscape? Below, we provide an overview of the main sources of informed consent requirements in healthcare law.
Statutory Law
Statutory law is legislation enacted by the federal or state governments that govern the healthcare industry. One of the most important examples of statutory law regarding informed consent is the Patient Self-Determination Act (PSDA). This federal law requires healthcare providers to inform patients about their right to make healthcare decisions, including the right to refuse life-sustaining treatment.
Additionally, many states have enacted their own informed consent laws that may be more specific or stringent than the PSDA. For example, California has the Health Care Decisions Law, which sets forth detailed requirements for informed consent and advance directives.
Common Law
Common law is the body of law that develops through judicial decisions rather than legislation. Informed consent is a common-law concept that developed over time through court decisions. Generally, courts require healthcare providers to provide information to patients that a reasonable person would want to know in making a decision about a medical intervention.
The landmark case on informed consent is the 1914 case of Schloendorff v. Society of New York Hospital, which held that patients have a right to determine what shall be done with their own bodies, including the right to refuse medical treatment.
The doctrine of informed consent has since become a fundamental part of medical malpractice law. When a healthcare provider fails to obtain informed consent before performing a medical procedure, they may be liable for medical negligence or battery.
Professional Guidelines
Professional guidelines are documents issued by medical associations or organizations that provide recommendations and best practices for healthcare providers. Many of these guidelines address informed consent and offer specific recommendations for how healthcare providers should obtain informed consent.
For example, the American Medical Association (AMA) issued its first informed consent guidelines in 1981, which were updated in 1998 and reaffirmed in 2016. These guidelines emphasize the importance of communication between the patient and the healthcare provider, including the need to use clear and simple language.
Conclusion
Informed consent is an essential aspect of medical ethics and healthcare law, requiring healthcare providers to obtain voluntary and informed consent from patients before performing medical interventions. Healthcare providers must obtain informed consent from patients, either through statutory law or common law, or professional guidelines. By understanding the legal landscape surrounding informed consent, healthcare providers can provide better care to their patients while avoiding potential legal liability.
