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Informed Consent

Informed Consent. Jessica Berg, JD, MPH. Adolescents. Professor of Law and Bioethics Case Western Reserve University. Informed consent. Ethical Doctrine Autonomy Health/Welfare Legal Doctrine Statutory Guidelines Forms and Evidence Liability Practice. Capacity.

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Informed Consent

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  1. Informed Consent Jessica Berg, JD, MPH Adolescents Professor of Law and Bioethics Case Western Reserve University

  2. Informed consent • Ethical Doctrine • Autonomy • Health/Welfare • Legal Doctrine • Statutory Guidelines • Forms and Evidence • Liability • Practice

  3. Capacity • Capacity vs. Competence • Presumptions • Maturity • Responsibility • Developmental Stages • Extent of medical experience/knowledge

  4. Standards of Competence • General • Specific • Choice • Understanding • Appreciation • Reasoning • Formulating the standard

  5. Deciding for Others • Who? • Parents, Guardian, Surrogate, Proxy • How? • Effectuate Prior Decision • Substitute Judgment • Best Interests

  6. Deciding for Children • Legal Issues • Conceptual Issues • Empirical Issues

  7. Empirical Issues • Semantic Understanding • Developmental Issues • Cognitive (capacity) • Psycho-social (voluntariness) • Perception of Authority/locus of control • Role of peers and peer pressure • Family dynamics

  8. Special Situations • Emancipated Minor • Marriage, Pregnancy, Parenthood, Self-Support, Military Service, High School Graduate • Mature Minor • Capacity and Age

  9. Special Situations • Contraception • Pregnancy • Abortion • Sterilization • Alcohol/Drug/MH Treatment • Blood Donation

  10. IC and Minors • Assent • Parental Permission • Disagreement

  11. When I was a boy of 14, my father was so ignorant I could hardly stand to have the old man around. But when I got to be 21, I was astonished at how much the old man had learned in seven years. Mark Twain

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