Requirements for informed consent are relatively vague and the exceptions are few, so it is in the physician’s best interest to inform patients about proposed treatment options, ascertain that they understand their choices, and secure their consent.
When called to consult or to testify at “sexually violent predator” hearings, medical professionals’ primary task is adapting recognized medical terminology to the SVP label; they are asked to shoehorn medical diagnoses into ill-fitting legal language.
The gross negligence of the physicians who cared for Steve Biko, an apartheid-era South African political activist who died of injuries inflicted while in police custody, illustrates how dual loyalty—toward patients and, in this case, the state—makes performance of professional duties difficult.
AMA J Ethics. 2015; 17(10):966-972. doi:
10.1001/journalofethics.2015.17.10.mhst1-1510.
The ambiguity about and lack of uniformity in informed consent practices does not lend itself to the kind of shield from malpractice liability that exists in some more concrete, standardizable aspects of medical practice.
Timothy K. Mackey, MAS and Bryan A. Liang, MD, JD, PhD
Studies show that clinical practice guidelines, used by an accused physician or by patients alleging a breach of standard care, have an impact on case outcomes.
The case of Johnson v Kokemoor illuminates the conflict between patients’ right to informed consent and clinicians’ need to learn through practice, a conflict that possibly could be resolved through greater transparency about clinicians’ experience or experience-dependent medical fees.