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Toward a model of the legal doctrine of informed consent
Abstract
The authors draw together the disparate scholarly and judicial commentaries on consent to medical treatment to develop a model of the components in the decision-making process regarding consent to or refusal of psychiatric treatment. The components consist of the precondition of voluntariness, the provision of information, the patient's competency and understanding, and, finally, consent or refusal. They offer two models of valid consent: the objective model, which focuses on the congruence or lack of it between the patient and a "reasonable" person, and the subjective model, which focuses entirely on the patient's actual understanding.
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Cited by
The Competency of Children and Adolescents to Make Informed Treatment Decisions
Weithorn, L. A., & Campbell, S. B. (1982) · Child Development · doi:10.2307/1130087 · Cited by 688
Quality of informed consent in cancer clinical trials: a cross-sectional survey
Joffe, S., Cook, E. F., Cleary, P. D., Clark, J. W., & Weeks, J. C. (2001) · The Lancet · doi:10.1016/s0140-6736(01)06805-2 · Cited by 655
Maturity of judgment in adolescence: Psychosocial factors in adolescent decision making.
Steinberg, L., & Cauffman, E. (1996) · Law and Human Behavior · doi:10.1007/bf01499023 · Cited by 560
Marson, D. C. (1995) · Archives of Neurology · doi:10.1001/archneur.1995.00540340029010 · Cited by 347
Assessment of Decision-Making Capacity in Older Adults: An Emerging Area of Practice and Research
Moye, J., & Marson, D. C. (2007) · The Journals of Gerontology: Series B · doi:10.1093/geronb/62.1.p3 · Cited by 331
Metadata
- Venue
- American Journal of Psychiatry
- Published
- 1977-03-01
- Volume
- 134
- Issue
- 3
- Pages
- 285-289
- ISSN
- 0002-953X (ISSN-L)
- 1535-7228
- OpenAlex
- W20165781
- Cited by
- 225
- References
- 0
- FWCI
- 4.83
- Type
- journal article
- Language
- en
- Open access
- closed
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- Toward a model of the legal doctrine of informed consent. (1977). American Journal of Psychiatry. https://doi.org/10.1176/ajp.134.3.285
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Bibliographic data: Semantic Scholar, OpenAlex, Crossref.
Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.
