CAS PH 251 Study Guide - Midterm Guide: Fiduciary, Informed Consent, Minutiae
6 Sep 2018
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Informed consent: consenting with full knowledge of all risks and benefits of a procedure. Past (traditional): telling a patient of their illness would harm them. Now (contemporary): must not withhold information or lie. Must not lie (truth telling) but must also not withhold information that the patient would use in their decision to undergo some procedure. Cantebury: a 19yo typist for the fbi had back pain. Told cantebury that he had a ruptured disk and needed surgery, but didn"t tell him of the risks of that surgery and downplayed the surgery to his mother. Issue: did the doctor do his duty of informing the patient. At this time, withholding was the common practice/standard. Battery law: the unauthorized touching/contact with another"s body. Fiduciary duty: requires to act in the best interest of the beneficiary. Obligation of due care: fiduciary duty by doctors. Scope of the duty to disclose: all risks/info affecting the decision must be.
