Consent
How much information is sufficient for informed consent to be effective and legal?

Informed consent is considered an ethical obligation on the part of physicians and is also a legal requirement in all 50 states. Informed consent means that the physician has discussed the patient's diagnosis; the purpose, risks, and benefits of any treatment or procedure he or she is performing on the patient; alternative treatments and their risks and benefits and the risks and benefits of doing nothing (Informed consent, 2012, AMA). "In order for informed consent to be considered valid, the client must be competent and the consent should be given voluntarily" (Cherry 2012).

The doctrine of informed consent is founded upon the concept that a physician's belief that a procedure is necessary is not enough to warrant intrusion into the patient's body without the patient's consent: "when a sufficiently capacitated adult does not give sufficiently informed and voluntary…...

mla

References

Cherry, Kendra. (2012). What is informed consent? About.com. Retrieved:

 http://psychology.about.com/od/iindex/g/def_informedcon.htm 

Eyal, Nir. (2011). Informed consent. The Stanford Encyclopedia of Philosophy.

Retrieved:

Minor Consent to Medical Treatment
In order to understand the issue of minors and medical practice, it is necessary to understand the position of minors in general law, and why the minor has been accorded special status and is handicapped in so far as consent is concerned. The original dictum in this regard comes from the common laws of England, which were then adopted and modified in each of the dominions. Thus there are specific rulings regarding minors that stem, not from the medical practice but from other laws such as the contract laws. In all countries the minor is not a person entitled to enter into contracts on his own. Now what implications these can have for a medical necessity? Basically the medial personnel also enter into a contract with the patient where there is a quid pro-quo for the services rendered. Even free services have a contractual assumption.

Minors…...

mla

References

Dugas, Melvin John. (1998) "Comment: The Contractual Capacity Of Minors: A Survey Of

The Prior Law And The New Articles" Tulane Law Review, 62 Tul. L. Rev. 745.

Grodin, Michael A; Glantz, Leonard H. (1994) "Children As Research Subjects: Science,

Ethics, and Law: Science, Ethics, and Law Program in Medical Ethics Boston University Schools of Medicine and Public Health" Oxford University Press.

Child Sex Tourism
Consent in human trafficking

Child prostitution

Bias in the application of police discretion

Failure to identify the victim in human trafficking

Push and Pull Factors

What theories explain trafficking in India

Measures to control

Prevention measures

Investigations / Prosecutions

India is regarded as the one of the source, transit, and a destination country for the bonded labor and child sex trafficking. The ranking of the country has been Tier 2 W. since 2005 and stayed constant until the 2010. In the year 2011 and 2012 the ranking is Tier 2. The ranking system reflects the compliance ranking of the Trafficking Victim Protection Act (TVPA) standards in the country. The tier one reflects complete compliance with the standards. However the tier two is regarding the countries that are not complying completely with the TVPA but making significant progress in terms of their implementation. The tier 2 W. denoted that the country is not completely complying with the Act…...

mla

References:

Aronowitz, A.A. (2009). Human Trafficking, Human Misery [Electronic Resource]: The Global Trade in Human Beings. Greenwood Publishing Group.

Bales, K. (2006).Testing a Theory of modern slavery. Available on the net: www. freetheslaves. net.

Devine, A., Bowen, K., Dzuvichu, B., Rungsung, R., & Kermode, M. (2010). Pathways to sex-work in Nagaland, India: implications for HIV prevention and community mobilisation. AIDS care, 22(2), 228-237.

Hall, J.A. (2011). Sex offenders and child sex tourism: The case for passport revocation. Virginia Journal of Social Policy and the Law, 18(2).

failure to provide informed consent is usually analyzed under negligence principles. Some states view the standard as to what a reasonable patient would want to know, whereas others view the standard as to what a reasonable physician would provide. Which standard is preferable? Why?
The difference between the reasonable patient standard vs. The reasonable physician standard reflects the fact that a layperson's conception of risk is different than the perspective of a trained professional. "The easonable Patient Standard simply says the doctor has to disclose all information which would influence you, or any other reasonable person, in deciding whether or not to go ahead" (The reasonable patient standard in informed consent, n.d, JDMD).

The difference between a patient's perspective and a physician's perspective can perhaps best be illustrated in the following example. In 2009, "a government medical task force recommended major changes in breast cancer screening guidelines...suggesting that most women should…...

mla

References

Breast cancer screening should begin at age 50, panel finds. (2012). PBS. Retrieved:

 http://www.pbs.org/newshour/updates/health/july-dec09/breastcancer_11-16.html 

Fed & State law on advanced directives. (2012). Washington State. Retrieved:

 http://www.wsha.org/EOL-FedState.cfm#footnotes

Consent
The New York Civil Liberties Union reports that a minor who is "emotionally and intellectually mature enough to give informed consent" and who lives in the house of his parents or guardians (under their supervision) is a "mature minor" (Feierman). The NYCLU information documents assert that New York medical ethics would (and presumably does) treat a mature minor "upon her informed consent." However in Ohio and other states a minor may not consent to medical care without parental consent, except in certain situations. In Ohio there is the "emergency care doctrine," which states that if there is a severe condition the doctor (or nurse in a hospital) "…may not need anybody's consent to begin treatment" (ALCU of Ohio, 2014).

The informed consent must be received in writing prior to a minor being administered medications. According to the Tennessee Department of Mental Health and Substance Abuse Services, for children in custody…...

mla

Works Cited

American Civil Liberties Union of Ohio. "Your Health and the Law: A Guide for Teens."

Retrieved January 18, 2015, from   2014.http://acluohio.org .

Boland, Gary L. "Doctrines of Lack of Consent and Lack of Informed Consent in Medical

Procedures in Louisiana." Louisiana Law Review, 45.1. September 1984.

consent decrees' deal with the issue of police accountability.
Origin of Consent Decree

Consent decrees refer to settlements contained within court orders. Courts ordain the injunctive relief remedy against the accused and consent to maintain their jurisdiction over a case, for ensuring the party/parties follow the settlement.

Injunctive relief represents a court-imposed remedy wherein one of the parties in the case is directed to do something, or refrain from doing it. Disobeying the order might make the court pronounce the given party as being in contempt, leading to the imposition of other penalties.

Complainants in court cases normally prefer the option of consent decrees, as these agreements have the court's power backing them. Further, an accused, wary of publicity, will also usually prefer this sort of agreement, since it limits exposure of details that are injurious to him/her (Consent decree legal definition of consent decree). On the other hand, those who oppose the…...

mla

References

Legal Definitions Legal Terms Dictionary. Pattern-or-Practice Case Law & Legal Definition. (n.d.). Retrieved May 5, 2016, from  http://definitions.uslegal.com/p/pattern-or-practice-case%20/ 

Legal Dictionary. Consent decree legal definition of consent decree. (n.d.). Retrieved May 5, 2016, from  http://legal-dictionary.thefreedictionary.com/Consent+Decree 

U.S. Department of Justice. . (n.d.). In The United States District Court for The Western District of Pennsylvania United States of America, Plaintiff V. City of Pittsburgh, Pittsburgh Bureau of Police, And Department of Public Safety, Defendants CRT -- Department of Justice. Retrieved May 5, 2016, from http://www.justice.gov/crt/united-states-district-court-western-district-pennsylvania-united-states-america-plaintiff-v-0

U.S. Department of Justice. (2013). United States District Court Eastern District of Louisiana. Retrieved 2016, from http://www.justice.gov/sites/default/files/crt/legacy/2013/07/12/nopd_mtrorder_7-5-13.pdf

Consent
Meaning and importance of informed consent

Elements of full informed consent

A Case Example

Fictional scenario of a client/client issue 3

Meaning and importance of informed consent

The process where rights of a patient to information about a certain treatment procedure are clearly and completely disclosed to a patient by the treating health care provider so that the patient is able to make voluntary choices to either accept or to refuse treatment is termed as informed consent (Appelbaum, 2007). This term or the concept has its roots in the legal and the ethical rights of a patient that allows the patient to direct and choose what happens to his/her body during or after treatment as well as in the ethical duty that a physician has to involve the patient in the process health care by giving all relevant information to him/her. Thus, the moral and the legal premise of the patient autonomy forms the…...

mla

References

Appelbaum, P. (2007). Assessment of Patients' Competence to Consent to Treatment. New England Journal Of Medicine, 357(18), 1834-1840.  http://dx.doi.org/10.1056/nejmcp074045 

Duncan v. Scottsdale Med. Imaging, Ltd.. (2016). Lawandbioethics.com. Retrieved 26 May 2016, from  http://www.lawandbioethics.com/demo/Main/LegalResources/C5/Duncan.htm 

Morgenstern, L. (2010). Patient-Centered Care and Informed Consent. JAMA, 304(4), 409.  http://dx.doi.org/10.1001/jama.2010.1029 

Opinion 8.08 - Informed Consent. (2016). Ama-assn.org. Retrieved 26 May 2016, from  http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion808.page ?

Consent Process
Following a number of high-profile abuses of patients in experiments during the early 20th century, the need for an informed consent process became apparent. To determine the current state of affairs with this process, this paper reviews the relevant literature to explain the key issues and concerns for obtaining informed consent from study subjects and how this process reflects the code of conduct set forth in Section 4.8 of the International Congress of Harmonization (ICH) "Guideline for Good Clinical Practice E6(1)." Finally, a summary of the research and important findings concerning these key issues and concerns are presented in the conclusion.

The straightforward definition provided by Black's Law Dictionary states that informed consent is "a person's agreement to allow something to happen that is based on a full disclosure of facts needed to make the decision intelligently" (1990, p. 779). In 1964, the initial guideline for conducting clinical trials…...

mla

References

Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.

Bloswick, A. & Skowron, H. A. (2015, Spring). Informed consent documentation in pharmaceutical industry-sponsored clinical trials. Ethics & Medicine, 31(1), 51-55.

Guideline for good clinical practice E6(R1). (1996, June 10). International Congress of Harmonization (ICH) of Technical Requirements for Registration of Pharmaceuticals for Human Use. Retrieved from   / ICH_Products/Guidelines/Efficacy/E6/E6_R1_Guideline.pdf.http://www.ich.org/fileadmin/Public_Web_Site 

Jhanwar, V. & Bishnoi, R. (2010, January-June). Comprehensibility of translated informed consent documents used in clinical research in psychiatry. Indian Journal of Psychological Medicine, 32(11), 7.

Ethical codes and informed consent are part of the modern world of healthcare. Informed consent allows people to understand the risks they take when accepting a procedure. Ethical codes allow organizations like hospitals conduct their business while avoiding potential lawsuits or other risks. Thanks to the use of ethical codes and informed consent, the public is protected from scenarios and circumstances that could potentially jeopardize health and well-being, increasing the level of trust of patient and healthcare professional. This essay aims to show what ethical codes and informed consent is and how it benefits patients and professional organizations.
Literature review of "code of ethics"

Ethical codes have been welcomed as a clear strategy for realizing more viable and secure organizational practice. A 2015 article explains the need for ethical codes to help coordinate legal compliance with corporate governance in the interest of organizations. " ... when legal compliance and corporate governance codes…...

mla

References

Adelstein, J. & Clegg, S. (2015). Code of Ethics: A Stratified Vehicle for Compliance. J Bus Ethics, 1.  http://dx.doi.org/10.1007/s10551-015-2581-9 

Drazen, J., Solomon, C., & Greene, M. (2013). Informed Consent and SUPPORT. New England Journal of Medicine, 368(20), 1929-1931.  http://dx.doi.org/10.1056/nejme1304996

The ethical dilemma that occurs here is related to the necessity of doing the right procedure, but with the reluctance of the patient to provide consent for it.
In the second case, communicating consent and information can be made difficult by language or cultural barriers. The ethical dilemma relates to whether or not the patient properly understands what he is up against and whether he is able to make an informed decision.

3. With traditional medicine, there is a problem of communication and understanding. The Western patients are not used to TCM, it is something new for them, so a lot of time needs to be spent in delivering the appropriate information in terms of principles and practice before anything can actually be done. If this was applied in China, many of the steps could be skipped, because many of the principles are related to Chinese spiritual practice.

4. Again, it is…...

Although the San Francisco police do not carry stun guns they do carry Tasers, and Tasers work on the same mechanism as those of stun guns shooting darts that deliver electric shots to stun suspects. It is said that 334 individuals died from these electric shots during the years 20001 to 2008. If that is so, the AHP can publish the results on its page pointing out that the effects of so-called not-so-lethal stun guns are actually quite lethal indeed.
xc. C

The Belmont eport

The basic ethical principles to be considered in all human research studies involves:

1. espect for persons -- This involves two categories: (a) that all people regardless of ethnic, gender, mental, physical and any sort of distinction should be treated with dignity and respect, and accorded their autonomous right to do as they wish. (b) That individuals who are more vulnerable should be accorded special attention and protection

2.…...

mla

References

The Belmont Report HHS.gov  http://www.hhs.gov/ohrp/humansubjects/guidance/belmont.html 

Rutgers Protection of human research subjects  http://orsp.rutgers.edu/index.php?q=content/announcement-human-subjects-international-researcher-guidance-and-procedures 

The Truth About Psychiatric Drugs (Thursday, 11 August 2011). AHRP.

 http://www.ahrp.org/cms/content/view

They have no formal oversight authority. Practices regarding informed consent are inconsistent. This poses a major concern for patient safety while using CAM.
Complimentary and alternative medicine (CAM) has been criticized for a lack of standards in the delivery of services. Holexa and Caspi (2005) found that this lack of standards extends into the practice of informed consent. Patients often do not have access to proper information during the decision-making process. This increases the potential for healthcare oversights and mistakes.

Conclusion

When one examines informed consent issues, it is found that they are similar to the issues addressed in conventional therapies. The Ayurveda Healing Arts Institute (2008) has developed a set of informed consent and ethics that it requires member practitioners to follow. An examination of this article reveals that standards require full disclosure of evidence-based research regarding the procedure. It requires confidentiality of the procedure, professional courtesy, peer review and many…...

mla

References

Ayurveda Healing Arts Institute. 2008. Ayurvedic Herbalists Code of Ethics. [online] Available at [Accessed March 26, 2008]. Primary source. Found by Google search.http://www.ayurveda-california.com/ayurvedic_distance_education_berkeley/Buddhist_five_precepts/American_Herbalist_Guild_ethics.htm

Caspi, O. & Holexa, J. 2005. Lack of standards in informed consent in complementary and alternative medicine. Complementary Therapies in Medicine, 13 (2), 123-130. [online] Available at   [Accessed March 26, 2008]. Primary Source. Science Direct Database online.http://archinte.ama-assn.org/cgi/content/extract/161/19/2288 

Drieman, B. 2006. Informed Consent. Journal of the American Dental Association, 137 (3),288. [online] Available at source. Found by searching "find similar articles in Jacobson article. [Accessed March 26, 2008].http://jada.ada.org/cgi/content/full/137/3/288-a?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&searchid=1&FIRSTINDEX=0&minscore=5000&resourcetype=HWCIT.Secondary

Ernst, E. 2004. Balanced judgments on complementary/alternative medicine. Is informed consent necessary? Rheumatology 2004; 43 (5), 666. [online] Available at   [Accessed March 26, 2008]. Primary Source: found through Google search.http://rheumatology.oxfordjournals.org/cgi/content/full/43/5/666 

consent? When you consider this, consider the two senses referenced in the lecture notes (slide 49). Were both senses of informed consent met?
In the case of the Havasupai, informed consent was given, and approval received, but only to study the blood samples of tribe members for diabetes. All the IB and the individual researchers had to do was to rephrase the informed consent agreement to read something like, "Your blood sample and DNA material may be used for scientific research in a range of fields." As Harmon (2010) points out, "Studies have estimated that most individuals -- perhaps more than 90% -- are willing to allow their data to be used for a range of biomedical research. It is when they are not asked that problems arise," (Harmon). Based on the standard definitions of informed consent, as outlined in slide 49, informed consent was not properly achieved in the…...

mla

References

Harmon, A. (2010b). Indian tribe wins fight to limit research of its DNA. The New York Times. April 21, 2010. Retrieved online:  http://www.nytimes.com/2010/04/22/us/22dna.html?pagewanted=all 

Harmon, A. (2010). Where'd you go with my DNA? The New York Times. April 24, 2010. Retrieved online:  http://www.nytimes.com/2010/04/25/weekinreview/25harmon.html?_r=1&pagewanted=all

Requirements for licensure for psychologists under the American Psychologist Association (APA) set certain educational and ethical standards that govern the profession. Now clinical psychology is, much like medicine and law, a discipline accorded respect in society, and an individual who seeks counseling can feel confident being open and trusting of a licensed therapist. A therapist cannot claim to be a professionally licensed therapist under the law, unless he or she possesses specific qualifications. Licensing is vital to maintaining trust in the profession, as ethical questions grow more contentious regarding psychotherapy, such as the question therapists that do research funded by drug companies on psychoactive drugs, or who testify to the competency of a defendant or witness to stand trial or make decisions about his or her health. Licensing and standardization of qualifications increases confidence that the individual is giving acceptable advice based in evidence and professional ethics.

Certain aspects of the…...

mla

Works Cited

Competency. (2009). Ascension Health. Retrieved March 2, 2009 at  http://www.ascensionhealth.org/ethics/public/issues/competency.asp 

Lloyd, Raymond. (2009). A Guide to Psychology and its Practice.

Retrieved March 2, 2009 at www.GuideToPsychology.com

Rosenfeld, Barry. (2002). The psychology of competence and informed consent: Understanding decision-making with regard to clinical research. Fordham Urban Law Journal. 30.

Question #5: Yes. Small samples are totally justifiable however, the statistical tool selected to analyze the data must be able to accommodate small sample size. The statistical techniques employed for small sample size is what applied statisticians call "robust statistics" or certain parametric types such as the t Test. Although the parametric tool is more robust that the non-parametric counterpart, parametric statistical tools with real small samples may produce misleading information because there is no way to determine if the data came from the Guassian population. That is to say, increasing the number of participants from 15 and 14 respectively to at least 30 and 30 might possibly produce result changes. However, there is no real way of knowing unless the study were replicated with a larger group. The advice to any research investigator is to have a sample size of each group of 25 to 30 at least. When…...

Sexual assault is a serious problem, but has not always been treated as such by the legal community.  In fact, throughout much of history, rape and other forms of sexual assault were not really treated like crimes.  Once they were criminalized, they were treated much more like property times than crimes against the person.  What makes this more difficult to understand is that they were not even treated like property crimes committed against the victim, but against a male in the victim’s life, such as a father or husband.  Sexual assault victims were often legally....

Twelfth Night by William Shakespeare is, like many of his comedies, a surprisingly complex play.  Dealing with the topics of love and people not being what they seem to be on the surface, the play challenges people to look deeper. In fact, while many of Shakespeare’s tragedies really focus on the negative things that people do in the name of love, his comedies tend to take a more lighthearted approach to the topic.  Twelfth Night is an exception, as it definitely looks at how love can drive people to some really undesirable behaviors.

There are a....

Counseling people who have AIDS or are at high risk for acquiring HIV can present several ethical issues for healthcare providers.  While client care must remain the priority in any counseling relationship, it is important to acknowledge that a client who has AIDS, is HIV+, or is at high risk of acquiring HIV may present a health risk to their current or future sexual partners.  In addition, other high-risk behaviors, such as needle-sharing, present a community risk. 

The first step in writing an essay on this topic is recognizing the various ethical issues....

Sure! I can certainly help you with creating a research proposal and outline for your college paper on educational reform. Here is an example of how you can structure your proposal and outline, including proper spacing:

Research Proposal:

Title: Examining the Effectiveness of Educational Reform Initiatives in Enhancing Student Achievement

I. Introduction
A. Background and Context
B. Problem Statement
C. Research Questions
D. Significance of the Study

II. Literature Review
A. Overview of Educational Reform
B. Key Concepts and Theories
C. Previous Studies and Findings

III. Methodology
A. Research Design
B. Data Collection Methods
C. Sample Selection
D. Data Analysis Techniques

IV. Expected Results
A. Hypotheses
....