Assignment:
Duty to Informed Consent-Ethical Considerations in all Fields
The text book for this question is, Law and the mental health system: Civil and criminal aspects. The chapter is chapter 4 informed consent. I need some help gaining a better understanding of the following:
1.Duty to disclose "material". . .
- risks
- benefits
- alternative treatments
2. Breach - failure to disclose or inadequate disclosure
3. Causation - undisclosed information would have caused patient to forgo treatment
4. Damages - physical (and perhaps psychological) injury caused by the treatment, even if treatment is not negligently performed (and even if patient would have gotten worse without treatment)?
5. Defenses
- a. emergency (rarely applicable in mental health treatment situations, as opposed to medical trauma cases)
- b. incompetency, unconsciousness
- c. therapeutic exceptions in some jurisdictions (i.e., risks that information will be psychiatrically harmful
- d. patient "waiver" in some jurisdictions (i.e., patient should have known of risks or patient indicated he/she didn't want to know of them).
Attachment:- Assignment.rar