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Informed Consent: Title and subTitle BreakSurrender or Salvation? FREE

Marvin F. Kraushar, MD; James A. Steinberg, LLB
Arch Ophthalmol. 1986;104(3):352-355. doi:10.1001/archopht.1986.01050150052025
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A hallmark in the sequence of events leading to the increase in medical malpractice litigation was the statement of Justice Benjamin Cardozo (1914), "Every human being of adult years and sound mind has the right to determine what shall be done with his own body."1 It is the purpose of informed consent to provide adequate information to the patient so that he or she can make an intelligent decision about a given diagnostic or therapeutic procedure. While it is possible to consider a lack of informed consent to be the same as malpractice, the courts have recognized the distinction by requiring a cause of action for failure to obtain informed consent to be separately pleaded in the complaint. Similarly, the courts require defenses to informed consent to be separately pleaded as affirmative defenses.

The New Jersey physician-owned medical malpractice insurance company has received 43 claims against ophthalmologists for occurrences

REFERENCES

Scholendorff VS: Society of New York Hospital, 105 N.E. 92 (NY 1914)
Nick WV:  Informed consent—the new decisions . Bull Am Coll Surg , 1974;, pp 12-17.
Priluck IA, Robertson DM, Buettner H:  What patients recall of the preoperative discussion after retinal detachment surgery . Am J Ophthalmol 1979;;87:620-623.
Morgan LW, Schwab IR:  Informed consent in senile cataract extraction . Arch Ophthalmol 1986;;104:42-45.
Robinson G, Merav A:  Informed consent: Recall by patients tested postoperatively . Ann Thorac Surg 1976;;22:209-212.
Leeb D, Bowers DG Jr, Lynch JB:  Observations on the myth of 'informed consent.' J Plast Reconstr Surg 1976;;58:280-282.
Rozovsky JD: Consent to Treatment: A Practical Guide . Boston, Little Brown & Co, 1984;.
Rosenberg AR, Goldsmith LS: Malpractice Made Easy (Can You Believe That?) . New York, Magazines for Industry Inc, 1976;, pp 72-78.
Alton WG: Malpractice: A Trial Lawyer's Advice for Physicians . Boston, Little Brown & Co, 1977;.
Bettman JW:  The issue of informed consent . Surv Ophthalmol 1982;;27:133-135.

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Scholendorff VS: Society of New York Hospital, 105 N.E. 92 (NY 1914)
Nick WV:  Informed consent—the new decisions . Bull Am Coll Surg , 1974;, pp 12-17.
Priluck IA, Robertson DM, Buettner H:  What patients recall of the preoperative discussion after retinal detachment surgery . Am J Ophthalmol 1979;;87:620-623.
Morgan LW, Schwab IR:  Informed consent in senile cataract extraction . Arch Ophthalmol 1986;;104:42-45.
Robinson G, Merav A:  Informed consent: Recall by patients tested postoperatively . Ann Thorac Surg 1976;;22:209-212.
Leeb D, Bowers DG Jr, Lynch JB:  Observations on the myth of 'informed consent.' J Plast Reconstr Surg 1976;;58:280-282.
Rozovsky JD: Consent to Treatment: A Practical Guide . Boston, Little Brown & Co, 1984;.
Rosenberg AR, Goldsmith LS: Malpractice Made Easy (Can You Believe That?) . New York, Magazines for Industry Inc, 1976;, pp 72-78.
Alton WG: Malpractice: A Trial Lawyer's Advice for Physicians . Boston, Little Brown & Co, 1977;.
Bettman JW:  The issue of informed consent . Surv Ophthalmol 1982;;27:133-135.

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