Informed Consent Essay

862 words - 4 pages

Informed Consent

Informed Consent is defined as consent by a patient to undergo a medical or surgical treatment or to participate in an experiment after the patient understands the risks involved. (wordnetweb.princeton.edu/perl/webwn 2011) This concept is based in general on a patient’s right to self-determination when given adequate disclosure of a specific treatment plan.
Informed consent is a legal procedure to ensure that a patient or client knows all of the risks and costs involved in a treatment. The elements of informed consent include informing the client of the nature of the treatment, possible alternative treatments, and the potential risks and benefits of the treatment. As ...view middle of the document...

Tort Law is defined as “the area of law that developed in the English Common Law other than breach of contract, which imposes a duty by operation of law on all persons to avoid harm to others. The breach of this obligation gives the injured person a right to be compensated for damages suffered.”(www.vklawyers.com/glossary.html 2011) There are three types of Torts; Intentional tort, whereby a dentist may perform a procedure that wasn’t authorized by a patient, Unintentional tort, where a dentist may have performed under what was a reasonable and prudent standard of care, and Strict Liability, where the dentist actions were neither intentional or negligible.
Tort laws have been derived from a combination of legislative enactments and common-law principles. These tort actions are dissimilar from breach of contract, in that tort actions are not reliant upon an agreement between the parties to support a lawsuit. Correspondingly, unlike criminal prosecutions, which are presented by the government, tort actions can be brought by private parties. Equitable remedies for tortious acts include money damages and injunctions, which by court orders that forbid or refrain a particular party to conduct or act a certain way. Tortfeasors, the person who commits a tort or civil wrong, are subject to neither fine nor incarceration in civil court.
For more than a century tort laws have found their way to collide with nearly every aspect of life in America. For example, in economic affairs, tort law provides remedies for businesses that are harmed by the unfair and deceptive trade practices of a competitor. In the...

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