9,951 results on '"consent"'
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2. Lying about Reservation Prices in Business Negotiation: A Qualified Defense.
- Author
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Strudler, Alan
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BUSINESS negotiation ,BUSINESS ethics ,DECEPTION ,PRICES - Abstract
This essay offers a philosophical defense of deception about reservation prices in business negotiation. Its discussion is prompted by arguments that Charles N.C. Sherwood makes in a recent issue of Business Ethics Quarterly and develops ideas I put forward in an earlier issue of Business Ethics Quarterly. The essay argues that although reservation price deception cannot be justified by appeal to the consent of negotiating parties, it can be justified by appeal to a separate but related notion, assumption of risk, as long as the assumption of risk occurs in a suitably fair context. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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3. Sweatshops, Exploitation, and the Nonworseness Claim.
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Kates, Michael
- Subjects
SWEATSHOPS ,DUTY ,WAGES ,EMPLOYEE rights - Abstract
According to the nonworseness claim, it cannot be morally worse to exploit someone than not to interact with them at all when the interaction 1) is mutually beneficial, 2) is voluntary, and 3) has no negative effects on third parties. My aim in this article is to defend the moral significance of exploitation from this challenge. To that end, I develop a novel account of why sweatshop owners have a moral obligation to pay sweatshop workers a nonexploitative wage despite the fact that their relationship is entirely optional. More precisely, I defend two main claims. First, I show that sweatshop owners are morally obligated to pay sweatshop workers a nonexploitative wage even though they have a right not to hire them and even though that will require them to pay sweatshop workers a wage that is higher than the one they voluntarily accepted. Second, I explain why this obligation on the part of sweatshop owners is not defeated by the fact that other individuals not party to the transaction would benefit even more than sweatshop workers from receiving this additional level of pay. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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4. Optimizing the Consent Process for Emergent Laparoscopic Cholecystectomy
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Dr. Boris Zevin, Associate Professor of Surgery
- Published
- 2024
5. Patient Consent and The Right to Notice and Explanation of AI Systems Used in Health Care.
- Author
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Hurley, Meghan E., Lang, Benjamin H., Kostick-Quenet, Kristin Marie, Smith, Jared N., and Blumenthal-Barby, Jennifer
- Abstract
AbstractGiven the need for enforceable guardrails for artificial intelligence (AI) that protect the public and allow for innovation, the U.S. Government recently issued a Blueprint for an AI Bill of Rights which outlines five principles of safe AI design, use, and implementation. One in particular, the right to notice and explanation, requires accurately informing the public about the use of AI that impacts them in ways that are easy to understand. Yet, in the healthcare setting, it is unclear what goal the right to notice and explanation serves, and the moral importance of patient-level disclosure. We propose three normative functions of this right: (1) to notify patients about their care, (2) to educate patients and promote trust, and (3) to meet standards for informed consent. Additional clarity is needed to guide practices that respect the right to notice and explanation of AI in healthcare while providing meaningful benefits to patients. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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6. Linking survey and Facebook data: mechanisms of consent and linkage.
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Schröder, Jette, Kapidzic, Sanja, Silber, Henning, Keusch, Florian, Menold, Natalja, and Beuthner, Christoph
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DATA privacy , *INCENTIVE (Psychology) , *DATA security , *TRUST , *INTERNET surveys - Abstract
Using a German online panel, we investigate respondents’ propensity to consent to the linkage of publicly available Facebook data to their survey data and to enable linkage. We analyse the effects of three experimental variations on consent and linkage among Facebook users: (1) the consent question wording, (2) the position of the Facebook consent question in a series of consent questions, and (3) the incentive offered. To describe potential selection bias, we consider respondents’ attitudes and sociodemographic characteristics. We found effects of consent question placement on consent and linkage and effects of higher incentives on linkage, but we found no effects of question wording. Our analysis also showed that linkage was dependent on privacy and data security concerns, trust in the data-collecting actor, respondents’ attitudes toward surveys, and several sociodemographic characteristics. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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7. Two unsuccessful bites at the legal parenthood cherry – really in the child's best interests?
- Author
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Horsey, Kirsty
- Abstract
This case review considers Theis J's judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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8. Breaking down organ donation borders: Revisiting "opt out" residency requirements in the UK.
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Parsons, Jordan A.
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RESIDENCE requirements , *ORGAN donation , *TRANSPLANTATION of organs, tissues, etc. , *DEAD , *COUNTRIES - Abstract
All four UK nations have, in recent years, introduced "opt out" organ donation systems. Whilst these systems are largely similar, they operate independently. A key feature of each policy is a residency requirement, stipulating that opt out may only apply where the deceased had been ordinarily resident in that nation for at least 12 months. A resident of Scotland who dies in England, for example, would not fall under opt out. Public awareness is the underlying reasoning for such stipulations. A residency requirement was appropriate when Wales was the only UK nation with an opt out system, but, I suggest, the continued imposition of intra-UK borders on organ donation is unjustified now that all four nations operate the same policy. Further, it has the potential to limit organ donation. There is a need for all four systems to be amended to allow for UK-wide applicability, such that providing the deceased was ordinarily resident in the UK, they can fall under opt out in any of the four nations. I argue that such an amendment is ethically justified – continuing to satisfy the public awareness criterion – and practically straightforward. In doing so, I emphasise that my proposed amendment should extend only to the four UK nations, stopping short of the Crown Dependencies even though they also operate opt out systems for organ donation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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9. 'The door is there!': The exploitation, domination, consent, and resistance experiences of hotel employees.
- Author
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Çıvak, Barış, Besler, Senem, and Sezerel, Hakan
- Abstract
This research is one of the first studies to clarify how employees in the hospitality industry obey or resist to labour exploitation and domination, using Pierre Bourdieu's field theory. We collected data through semi-structured interviews with tourism employees in Antalya, a major tourist city in Türkiye. The findings show widespread exploitation and domination, with employees often complying due to benefits promised, fear of unemployment, oppression, loyalty, legal shortcomings, and a lack of organised resistance. Nonetheless, they resist through daily practices, categorised as individual or collective, explicit or implicit, and violent or non-violent. This study concludes that obedience and resistance help sustain exploitation and domination in the field. It offers insight that could contribute to liberating individuals by exposing power dynamics and has significant implications for putting into effect true democracy in hotel businesses. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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10. Ethnographic experiences of participating in a correctional officer training program: An exploration of values, ethics, and role conflict.
- Author
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Ricciardelli, Rosemary
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CORRECTIONAL personnel ,VALUES (Ethics) ,CORRECTIONS (Criminal justice administration) ,EMPLOYMENT interviewing ,INDUSTRIAL safety - Abstract
In the current article, I reflect on data from an ethnographic study at the National Training Academy of the Correctional Service of Canada (CSC), where I participated in the correctional officer training program (CTP) with the objective to gain appreciation for the many realities of the training process and content. Reflecting on experiences as a uniformed participant in the 14-week in-person component of the program, I describe the challenges tied to starting an immersive ethnography midcareer and unpack the central ethical dilemmas shaping data collection and article preparation. First, I speak to what it means to be part of the 14-week job interview with 24 other individuals, with a strong emphasis on how participant values and ethics align with those of the organization and the challenges of consent. Next, I unpack the complexities across relationships that emerge in doing ethnographies in an organization with a hierarchical structure, specifically the role conflict between being a researcher (e.g., working in partnership with CSC) and participant (e.g., doing the training). As an ethnographer, I did not want to affect the experiences or outcomes of other recruits, but my presence may have influenced them regardless of my intentions. I conclude by highlighting implications for further consideration when conducting ethnographic work in partnerships with organizations of justice. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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11. Normative challenges in data governance: insights from global health research.
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Mercuri, Mathew and Emerson, Claudia I
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PUBLIC health ,MEDICAL education ,MEDICAL students ,MEDICAL personnel ,INFORMATION sharing - Abstract
Many important questions in health professions education require datasets that are built from several sources, in some cases using data collected for a different purpose. In building and maintaining these datasets, project leaders will need to make decisions about the data. While such decisions are often construed as technical, there are several normative concerns, such as who should have access, how the data will be used, how products resulting from the data will be shared, and how to ensure privacy of the individuals the data is about is respected, etc. Establishing a framework for data governance can help project leaders in avoiding problems, related to such matters, that could limit what can be learned from the data or that might put the project (or future projects) at risk. In this paper, we highlight several normative challenges to be addressed when determining a data governance framework. Drawing from lessons in global health, we illustrate three kinds of normative challenges for projects that rely on data from multiple sources or involved partnerships across institutions or jurisdictions: (1) legal and regulatory requirements, (2) consent, and (3) equitable sharing and fair distribution. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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12. Informed consent form for platelet rich plasma injections: evidence-based and legally guide for orthopaedic surgeons.
- Author
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Jeyaraman, Madhan, Pai, Satvik N., Filippo, Migliorini, Jeyaraman, Naveen, Venkatasalam, Ravichandran, Nallakumarasamy, Arulkumar, Khanna, Manish, Patro, Bishnu Prasad, Sharma, Shilpa, and Rangarajan, Ravi Velamor
- Subjects
PLATELET-rich plasma ,INJECTIONS ,ACTIONS & defenses (Law) ,SURGEONS ,MALPRACTICE - Abstract
Regarding medico-legal malpractice suits, lawyers and insurers focus on informed consent documentation. Unfortunately, there is no standard protocol for obtaining informed consent for platelet-rich plasma (PRP) injections. The objective of the present study was to create a pre-designed, evidence-based informed consent form specifically for PRP injections. The current evidence on the medico-legal implications of PRP injections was accessed, as well as informed consent in general and specifically informed consent in PRP injections. Additionally, we interviewed orthopaedic surgeons and patients who had undergone PRP injections in the past year using a semi-structured approach. A legally valid and evidence-based informed consent form for PRP injections ensures rights, encouraging open communication and transparency between the patient and surgeon. Moreover, if a lawsuit arose, informed consent would be a critical document in surgeons' defence and would withstand scrutiny from lawyers and the judiciary. An evidence-based informed consent form for PRP injections was elaborated and reviewed by a legal expert to ensure adherence to legal proprieties. The final form of the informed consent for PRP injection was administered for one year and validated at our institution. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. Consent as Social Reproduction: Making Space for the Transformative Labour of Refugee and Migrant Anti-violence Advocates in Australia.
- Author
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Maturi, Jenny
- Subjects
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HISTORY of feminism , *RELIGIOUS communities , *GENDER-based violence , *SEXUAL consent , *SOCIAL reproduction , *VIOLENCE against women - Abstract
Following #MeToo, sexual violence and consent have become more important to Australian governments, policy makers, and organisations addressing gender-based violence. Locating consent in a specific social system of ‘labour’, this article takes social reproduction as an entry point to examine the experiences of refugee and migrant anti-violence advocates in Australia. I suggest that current discourses of consent, as bodily autonomy and judicial power, act as a site of social reproduction through the creation of norms that uphold patriarchy and whiteness. Considered in this way, marginalised groups such as refugee and migrant women are not afforded adequate space and resources to theorise consent based on their own lived experiences. Interview participants (
n = 19) are active in their ethnic and faith communities addressing GBV, as well as in organisations such as NGOs and policy domains. Utilising a lens of ‘Transformative Labour’ (Swanson, Resha Terae, and Erin Devorah Carreon. 2024. “Uncovering the Transformative Labor in Black Women’s Community Work.”Affilia , 08861099231223935. https://doi.org/10.1177/08861099231223935), the findings demonstrate the limits of consent when applied to refugee and migrant communities; the ways a history of different feminisms play out in current front-line interventions; and how mainstream, dominant groups might make space for marginalised groups to articulate their own identities, and the time and resources to theorise consent based on their own struggles. [ABSTRACT FROM AUTHOR]- Published
- 2024
- Full Text
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14. Independent adolescent consent to mental health care: an ethical perspective.
- Author
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Rowan, Cassandra B.
- Subjects
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MEDICAL ethics laws , *RIGHT of privacy , *HEALTH services accessibility , *MENTAL health services , *GENDER identity , *PATIENTS' rights , *HUMAN sexuality , *RESPONSIBILITY , *INFORMED consent (Medical law) , *MEDICAL ethics , *LAW , *LEGISLATION ,PROFESSIONAL ethics of psychologists - Abstract
Despite a growing need for mental health services for adolescents, treatment access among adolescents remains poor. Psychologists practicing in the United States are subject to highly variable legal standards for consent and confidentiality of minor clients, which can further suppress treatment accessibility. States permit independent consent for minors according to a wide range of criteria, but whether these criteria are empirically derived remains unknown. Inconsistencies between the law and ethical obligations for psychologists can expose minor clients to harm and force psychologists to make disclosures that violate patients' rights and ethical standards. These harms may be particularly severe for clients from vulnerable populations such as sexuality and gender diverse youth (SGDY). To prevent ethical dilemmas, psychologists and professional organizations should work toward an empirical understanding of the adolescent capacity to consent to mental health care and use that understanding to promote uniform consent and confidentiality standards. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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15. Video consent significantly improves patient knowledge of general surgery procedures.
- Author
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Bremer, Kristin, Brown, Emily, Schenkel, Rachel, Walters, Ryan W., and Nandipati, Kalyana C.
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HEALTH literacy , *APPENDECTOMY , *ACADEMIC medical centers , *RESEARCH funding , *LAPAROSCOPIC surgery , *STATISTICAL sampling , *QUESTIONNAIRES , *DESCRIPTIVE statistics , *RANDOMIZED controlled trials , *CHOLECYSTECTOMY , *PRE-tests & post-tests , *INFORMED consent (Medical law) , *INGUINAL hernia , *FUNDOPLICATION , *PATIENT satisfaction , *CONFIDENCE intervals , *COMPARATIVE studies , *VIDEO recording , *REGRESSION analysis ,DIGESTIVE organ surgery - Abstract
Introduction: Informed consent is essential in ensuring patients' understanding of their medical condition, treatment, and potential risks. The objective of this study was to investigate the impact of utilizing a video consent compared to standard consent for patient knowledge and satisfaction in selected general surgical procedures. Methods and procedures: We included 118 patients undergoing appendectomy, cholecystectomy, inguinal hernia repair, and fundoplication at two hospitals in Omaha, NE. Patients were randomized to either a standard consent or a video consent. Outcomes included a pretest and posttest objective knowledge assessment of their procedure, as well as a satisfaction survey which was completed immediately after consent and following discharge. Given the pre-post design, a linear mixed-effect model was estimated for both outcomes. A two-way interaction effect was of primary interest to assess whether pre-to-post change in the outcome differed between patients randomized to standard or video consent. Results: Baseline characteristics were mostly similar between groups except for patient sex, p = 0.041. Both groups showed a statistically significant increase in knowledge from pretest to posttest (standard group: 0.25, 95% CI 0.01 to 0.51, p = 0.048; video group: 0.68, 95% CI 0.36 to 1.00, p < 0.001), with the video group showing significantly greater change (interaction p = 0.043) indicating that incorporating a video into the consent process resulted in a better improvement in patient's knowledge of the proposed procedure. Further, both groups showed a decrease in satisfaction post-discharge, but no statistically significant difference in the magnitude of decrease between the groups (interaction p = 0.309). Conclusion: Video consent lead to a significant improvement in a patient's knowledge of the proposed treatment. Although the patient satisfaction survey didn't show a significant difference, it did show a trend. We propose incorporating videos into the consent process for routine general surgical procedures. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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16. The failed promise of consent in women's experiences of coercive and unwanted anal sex with men.
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Faustino, Maria João and Gavey, Nicola
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- *
SEXUAL partners , *SEX crimes , *CONTROL (Psychology) , *FEMINISM , *INTERVIEWING , *HUMAN sexuality , *PSYCHOLOGY of women , *ANAL sex , *SEX customs , *INFORMED consent (Medical law) , *INTERPERSONAL relations - Abstract
In this article, we critically interrogate the concept of consent in relation to women's experiences of coerced and unwanted heterosexual anal sex. Among the 18 women we interviewed (all living in New Zealand), some clearly labelled their experiences of unwanted anal sex with men as nonconsensual. Many others, however, suggested that they had, in some way, consented. We identified two main discursive patterns in the ways that women discussed consent in these contexts: one that equated it with resignation, mostly associated with experiences of verbal pressure, and another that reduced consent to a lack of resistance to unwanted and unexpected anal penetration. Through these women's accounts, it was clear that consent and coercion are not mutually exclusive. Overall, consent in these cases was scripted within a gendered dynamic that was premised on men's sexual entitlement and women's traditional roles as sexual caretakers and gatekeepers. We argue that women's accounts and reflections on consent in this context illuminate structural fragilities in the very concept of sexual consent as a marker of ethical sex. Consent was substantively distinct from sexual enthusiasm and mutuality. We conclude that it fails in its promise to protect women against sex that is coercive and hurtful. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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17. White-Collar Opt-Out: How "Good Jobs" Fail Elite Workers.
- Author
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Yavaş, Mustafa
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OCCUPATIONS , *EXECUTIVES , *LABOR turnover , *SOCIAL alienation , *INTERVIEWING , *WORK-life balance , *PARENTING , *TURKS , *DECISION making , *EXPERIENCE , *LEISURE , *INFORMED consent (Medical law) , *QUALITY of life , *VOCATIONAL guidance , *SELF-perception , *INDUSTRIAL hygiene , *INDUSTRIAL safety - Abstract
Why do elite professionals leave hard-earned, privileged corporate careers? This article examines an underappreciated case of employee turnover, white-collar opt-out, which involves resignations that may not immediately lead to a similar job or life experience, but are instead followed by alternatives to fast-track careers, including seeking another occupation, stay-at-home parenting, or pursuit of leisure and self-exploration. Drawing on 70 in-depth interviews with Turkish professional-managerial employees of transnational corporations located in both Istanbul and New York City, I examine their narratives about the quality of working life and their decisions to opt out through the lenses of worker consent and alienation. I identify the lack of work-life balance and fulfillment with one's labor as drivers of opting out, showing how these push factors, combined with various pull factors of non-working life and safety nets, encourage elite workers to overcome status anxiety and abandon corporate careers. The article extends labor process theory insights into high-paying corporate occupations, illuminating how so-called "good jobs" may produce a relatively low quality of working life. It also exposes the inherent limits of resource-centered approaches to inequality, showing how alienating work can undermine the quality of life of even upwardly mobile, high-skilled workers. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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18. Consent-deception: a feminist cultural media theory of commonsense consent.
- Author
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Cefai, Sarah
- Subjects
SEXUAL consent ,MEDIA studies ,FEMINISM ,SEXUAL assault ,BETRAYAL ,SOCIAL status ,DECEPTION - Abstract
This article draws on feminist cultural studies, media and cultural theory, and engages with feminist law and criminology, to argue for a newly invigorated conceptualisation of consent in feminist theory. Rather than advance a particular feminist theory of consent, the article argues for a feminist cultural media theory of commonsense consent that is both sensory and representational. This theory acknowledges that there is no concept of consent reserved for sexual encounters. Rather, a more universal, commonsense theory, shaped as much by twentieth-century media as eighteenth-century political philosophy, informs how consent shows up to social experience. The article offers a revision of feminist discussions about consent in law, political philosophy and cultural studies, proposing that accounts such as Laura Kipnis' Unwanted Advances: Sexual Paranoia Comes to Campus can be read as descriptions of consent's affective structure. Feminist accounts have underestimated the implications of the involvement of media, from early cinema through to contemporary social media, in co-locating consent with deception. This article shows how the media concept of consent-deception plays a role in suspicion and betrayal, both of which act as consent's structures of feeling. To further probe an enquiry into how personalised media are transforming commonsense consent, the article discusses the TV programme The Tinder Swindler. Various production techniques encourage a view of social media as a complete encapsulation of the social life and affectivity of consent-deception, suggesting a number of implications for a feminist cultural media theory of commonsense consent. In particular, the programme asks us to problematise the evidentiary status of informational social media linked to the changing perceptibility of consent-deception. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
19. Valid consent in the acute hospital setting: perspectives of patients and members of the public.
- Author
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Kovic, Živa, Kobua, Motheo, Fogarty, Mary, Donohoe, Claire L., Kelly, Michael E., Fitzmaurice, Gerard J., Fitzgerald, Mella, Zambra, Paul, Geary, Una, and Ward, Marie E.
- Abstract
Background: People who interact with healthcare services have an ethical and legal right to control their own lives, to make informed decisions, and to consent to what happens to them. For consent to be considered ethically and legally valid, three key criteria must be met: consent must be given voluntarily; people must be sufficiently informed of all options; and people should have capacity to make the decision to give or withhold their consent. Aim: This study set out to explore, through the use of surveys, the perspectives of patients and public in relation to consent. Method: Surveys were developed for patients and the public and administered paper based (patients) and through social media (public). Results: One hundred and forty surveys were posted to patients, with a 38% response rate; 104 responses were received from the public. Ninety-six percent of patients were satisfied that the decision they made was informed; 100% felt they had made a voluntary decision; 98% felt the clinician seemed knowledgeable about the procedure. What matters most to the public were being informed about the risks associated with the proposed procedure and being assured that whatever choice they make they will receive the best care possible. Conclusions: The results highlight interesting similarities and differences in relation to consent between members of the public thinking about a possible treatment, surgery, or procedure and those patients who have actually been through the process in the past 12 months. Recommendations have been developed on the basis of these findings to co-design improvements in consent practices. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
20. The Right to Data Portability as a Personal Right.
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Laje, Alejandro and Schmidt, Klaus
- Subjects
GENERAL Data Protection Regulation, 2016 ,CIVIL rights ,OBEDIENCE (Law) ,DATA protection ,PERSONALLY identifiable information ,PUBLIC interest - Abstract
The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a 'data collector' in a structured format can currently be transmitted to another 'data collector' without any legal consequences as long as the original 'collector' has received consent either derived via a contract or other means. This data transaction from one 'collector' to another is often carried out by automated means; it is easily technically possible and is therefore considered to not negatively affect the rights and freedoms of others. This right to data transfer is guaranteed when it comes to data collected in the public interest or in the exercise of public powers conferred on the 'collector'. The main precedent to the right to data portability is the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with respect to the processing of personal data and their free circulation, which repeals Directive 95/46/EC (General Data Protection Regulation). In Article 20, this regulation discusses the right to data portability, establishing the basic guidelines for this right. Thus, a new personal right is guaranteed, given the context of the general protection of data. In order to strengthen control over their own data, a natural person must also be allowed to receive data in the same structured way. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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21. Giving Meaning to Consent at the International Criminal Court and Beyond: A (Qualified) Defence of Consent.
- Author
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McLoughlin, Kcasey and Ringin, Adrienne
- Subjects
- *
INTERNATIONAL criminal courts , *SEXUAL consent , *RAPE , *LAW reform , *SEXUAL assault , *JURISDICTION (International law) - Abstract
This article examines the concept of consent in the context of rape and sexual violence within the framework of the International Criminal Court (ICC). Lack of consent is not required to be proven in relation to charges of rape in the Rome Statute, an aspect praised by feminist legal scholar Catharine MacKinnon. A significant and contested feature of MacKinnon’s theorisation of rape is her argument that such a standard should also serve as a model for domestic laws. However, it is not clear that the ICC’s current framework regarding consent and the means to address sexual violence is as robust as MacKinnon suggests. Importantly, our analysis of the international experience takes place against a backdrop where in many domestic jurisdictions consent remains firmly entrenched in law reform efforts to address the ubiquity of sexual violence. Drawing primarily on recent law reform examples from Australia, where the trend has been toward affirmative models of consent, we consider how consent is positioned within them. We argue that consent still has a place in measures in both domestic and international jurisdictions aimed at addressing the structural inequalities and power dynamics underpinning sexual violence, MacKinnon’s privileging of the measures in the international jurisdiction notwithstanding. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
22. Qualitative Content and Discourse Analysis Comparing the Current Consent Systems for Deceased Organ Donation in Spain and England.
- Author
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Rees, Kate, Mclaughlin, Leah, Paredes-Zapata, David, Miller, Cathy, Mays, Nicholas, and Noyes, Jane
- Subjects
- *
ORGAN donation , *DISCOURSE analysis , *CONTENT analysis , *DEAD , *MEDICAL personnel - Abstract
England switched to an opt-out system of consent in 2020 aiming to increase the number of organs available. Spain also operates an opt-out system yet has almost twice the organ donations per million population compared with England. We aimed to identify both differences and similarities in the consent policies, documents and procedures in deceased donation between the two countries using comparative qualitative content and discourse analysis. Spain had simpler, locally tailored documents, the time taken for families to review and process information may be shorter, there were more pathways leading to organ donation in Spain, and more robust legal protections for the decisions individuals made in life. The language in the Spanish documents was one of support and reassurance. Documents in England by comparison appeared confusing, since additions were designed to protect the NHS against risk and made to previous document versions to reflect the law change rather than being entirely recast. If England's ambition is to achieve consent rates similar to Spain this analysis has highlighted opportunities that could strengthen the English system-by giving individuals' decisions recorded on the organ donor register legal weight, alongside unifying and simplifying consent policies and procedures to support families and healthcare professionals. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
23. Are we informing our patients correctly? Evaluation of perioperative counselling for paediatric intestinal stoma formation: a national study.
- Author
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Roberts, Rebecca, Burdall, Oliver, Bohr, Claire, Kennard, Hilary, Lewis, Sophie, Harris, Lauren, Cusick, Eleri, Hill, Brenda, McCullagh, Majella, van Rensburg, Carla, Thomas, Erica, O'Connor, Brendan, Smith, Christeen, Shell, Deborah, Richardson, Louise, Sharrard, Alison, Scudamore, Liz, McDowell, Susan, Dick, Karen, and Tullie, Lucinda
- Subjects
- *
ENTEROSTOMY , *SURGICAL stomas , *CHILD patients , *PEDIATRIC surgery , *SOCIAL impact , *ILEOSTOMY - Abstract
Purpose: Adequate preoperative information is known to improve patient outcomes. We aimed to evaluate perioperative education for paediatric patients and families undergoing intestinal stoma formation. Methods: UK paediatric surgery centres were invited to recruit patients aged 6–16 years with a stoma in situ or reversed within the last 2 years. Patient and parent questionnaires were posted for potential participants. Results: Eighty-three patient/parent dyads returned questionnaires. Median age was 11.5 years (range 4.1–17.8), with 48% (n = 40) formed electively. Parents rated how well-informed they felt perioperatively out of 10 (0 poorly, 10 highly informed). Parents were better informed about surgical issues and stoma care than psychological and social impacts (7.45 vs 6.11; p < 0.0001). 54% reported surgical complications but significantly fewer patients listed these amongst the worst things about having a stoma (24.4%) when compared with psychosocial issues: distress from bag leaks (90.8%; p < 0.0001), self-consciousness (54.1%; p = 0.0001), and restricted activity (40.2%; p = 0.03). Conclusion: Parents felt well-informed for medical and practical aspects but less well-informed of psychological and lifestyle impacts of having a stoma. Surgical complications were less important to patients than the impact on daily life. Increased psychosocial information would enable families to be better prepared for life with a stoma. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
24. Obtaining informed consent in veterinary clinical trials mini review.
- Author
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Frederick, Carol E.
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CLINICAL trials ,PETS - Abstract
In September 2023 the United States Food and Drug Administration (FDA) released draft guidance for comment about how informed client consent for companion animal clinical trials should be obtained. This guidance has the potential to substantially change how informed consent documents are written and presented to clients in the veterinary community. It provides specifics not only about how to obtain informed consent from owners but also the timeframe within which consent should be obtained, the formatting and language in the consent forms, and details on elements that are required to be in these consent forms. These changes will involve additional efforts by investigators to ensure compliance yet might lead to increased owner compliance and higher enrollment in clinical studies with subsequent benefits for all. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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25. Pilot randomized controlled trial using the theory of planned behavior to promote sexual consent of undergraduates in Greek-letter organizations.
- Author
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Falcon, Ashley, Halstead, Valerie, McCabe, Brian E., and Porter, Andrew W.
- Subjects
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SEX crimes , *SEX offenders , *GREEK letter societies , *HUMAN sexuality , *UNDERGRADUATES , *PLANNED behavior theory , *STATISTICAL sampling , *PILOT projects , *BLIND experiment , *RANDOMIZED controlled trials , *POSTERS , *MANN Whitney U Test , *DESCRIPTIVE statistics , *SEX customs , *PSYCHOLOGY , *INFORMED consent (Medical law) , *THEORY , *HEALTH promotion , *HEALTH education , *STUDENT attitudes , *DATA analysis software - Abstract
Sexual assault is prevalent among undergraduates in Greek-letter organizations (GLO). Prevention efforts promote sexual consent, though few explicitly employ theoretical constructs known to positively influence behavior. This study evaluated theory-informed educational posters promoting sexual consent seeking. Forty undergraduate GLO students (20 female, 20 male) were recruited through in-person, email, and social media solicitation. Data collection was completed March–November 2019 during the spring and fall semesters. A double-blind randomized controlled trial was conducted. Intervention participants viewed theory-informed educational posters promoting sexual consent. The intervention group demonstrated more favorable consent intention (p =.024; η2 = 0.131) and consent subjective norms (p =.040; η2 = 0.109). Intervention group males showed a greater improvement in one of four consent attitudes (p =.045; η2 = 0.211). Brief exposures to theory-informed messaging may help to improve subjective norms and behavioral intent to seek sexual consent among undergraduate GLO members. [ABSTRACT FROM AUTHOR]
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- 2024
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- View/download PDF
26. Consenting Under Coercion: The Partial Validity Account.
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Bajaj, Sameer and Tomlin, Patrick
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ETHICS , *PHILOSOPHERS , *CONSENT (Law) - Abstract
How is the validity of our consent, and others' moral permission to act on our consent affected by coercion? Everyone agrees that in cases of two-party coercion—when X coerces Y to do something with or for X—the consent of the coerced is invalid, and the coercer is not permitted to act upon the consent they receive. But coercers and the recipients of consent are not always identical. Sometimes a victim, Y, agrees to do something to, with, or for Z because they are being coerced by X. Recently, several philosophers have argued that consent under third-party coercion can be fully valid. We argue that this view has troubling implications. We develop a novel view of consent in third-party coercion cases, which we call the partial validity account. The core idea is that, under severe coercion, Y's consent is at most partially valid—it reduces the strength of, but does not completely dissolve, Z's consent-sensitive duties. We argue that the partial validity account gets the right results in important cases and explains the moral factors at play better than alternative accounts. [ABSTRACT FROM AUTHOR]
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- 2024
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- View/download PDF
27. Reshaping consent so we might improve participant choice (III) – How is the research participant's understanding currently checked and how might we improve this process?
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Davies, Hugh, Kolstoe, Simon E, and Lockett, Anthony
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INFORMED consent (Medical law) , *PARTICIPANT observation , *RESEARCH personnel , *CLINICAL trials , *EXPERIMENTAL design - Abstract
Valid consent requires the potential research participant understands the information provided. We examined current practice in 50 proposed Clinical Trials of Investigational Medicinal Products to determine how this understanding is checked. The majority of the proposals (n = 44) indicated confirmation of understanding would take place during an interactive conversation between the researcher and potential participant, containing questions to assess and establish understanding. Yet up until now, research design and review have not focussed upon this, concentrating more on written material. We propose ways this interactive conversation can be documented, and the process of checking understanding improved. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
28. Yes, No, Maybe So: The Effects of Relationship Status on Perceptions of Inferred Consent.
- Author
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Pazos, Laura A., Cash, Daniella K., and Russell, Tiffany D.
- Subjects
- *
GENDER role , *SEX crimes , *PROMPTS (Psychology) , *VIOLENCE , *DATA analysis , *ATTITUDES toward sex , *HUMAN sexuality , *SPOUSES , *DESCRIPTIVE statistics , *NONVERBAL communication , *SEX customs , *INFORMED consent (Medical law) , *IMPLICIT bias , *ANALYSIS of variance , *STATISTICS , *DOMESTIC violence , *COMPARATIVE studies , *CASE studies , *JUDGMENT (Psychology) , *INTERPERSONAL relations , *DATING violence , *FRIENDSHIP ,RESEARCH evaluation - Abstract
Despite the notion that sexual consent is either granted or refused, its communication can sometimes be ambiguous. This uncertainty stems from the tendency to rely on implicit, nonverbal cues to indicate consent. Without clear, explicit communication, people might be encouraged to rely upon contextual information when assessing whether a sexual encounter was consensual. Perceived levels of intimacy and familiarity in a relationship might influence these perceptions, such that prior intimacy might lead to ambiguously communicated consent being interpreted as more consensual. Gender roles can dictate the behaviors expected in a sexual encounter, with female-initiated sexual violence against men potentially being perceived as more consensual than the inverse. The current study examined how relationship type (Experiments 1 and 2) and gender pairing (Experiment 2) influenced participants' perceptions of how consensual various sexual encounters were. Participants read a series of vignettes in which sexual consent was verbally granted, verbally rejected, or inferred using nonverbal cues. Additionally, the dyads' relationships were either described as dating, friends, or strangers. Following vignette presentation, participants provided judgments regarding how consensual the interactions were. Experiment 2 expanded upon this by manipulating the gender of the initiators and targets. When consent was not clearly indicated, more established relationships were associated with higher ratings of perceived consent. Male targets were attributed more responsibility for sexual interactions, and they were also believed to want nonconsensual sex more than female targets. These findings highlight the importance of contextual information in instances where sexual consent is unclear. [ABSTRACT FROM AUTHOR]
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- 2024
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- View/download PDF
29. Consent to data linkage for different data domains – the role of question order, question wording, and incentives.
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Beuthner, Christoph, Weiß, Bernd, Silber, Henning, Keusch, Florian, and Schröder, Jette
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- *
CONSENT decrees , *BANKING industry - Abstract
As our modern world has become increasingly digitalized, various types of data from different data domains are available that can enrich survey data. To link survey data to other sources, consent from the survey respondents is required. This article compares consent to data linkage requests for seven data domains: administrative data, smartphone usage data, bank data, biomarkers, Facebook data, health insurance data, and sensor data. We experimentally explore three factors of interest to survey designers seeking to maximize consent rates: consent question order, consent question wording, and incentives. The results of the study using a German online sample (n = 3,374) show that survey respondents have a relatively high probability of consent to share smartphone usage data, Facebook data, and biomarkers, while they are least likely to share their bank data in a survey. Of the three experimental factors, only the consent question order affected consent rates significantly. Additionally, the study investigated the interactions between the three experimental manipulations and the seven data domains, of which only the interaction between the data domains and the consent question order consistently showed a significant effect. [ABSTRACT FROM AUTHOR]
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- 2024
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30. CONSENT ISSUE IN MEDICAL INTERVENTIONS APPLIED TO PATIENTS WHO DO NOT HAVE THE CAPACITY TO ACT.
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KARACAN ÇETİN, Hatice
- Subjects
CONSENT (Law) ,INFORMED consent (Medical law) ,INTERNATIONAL law ,CAPACITY (Law) ,RIGHT of publicity ,UNDERAGE drinking - Abstract
Copyright of Law & Justice Review is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
31. Gamifying Gamification in the Sociology Classroom.
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Folse, Brandon and Poole, Frederick J.
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GAMIFICATION ,SCHOLARLY method ,SOCIOLOGISTS ,CLASSROOMS ,LABOR - Abstract
The increasing ubiquity of gamification in everyday life normalizes it as a motivational tool. While much scholarship supports gamification, labor sociologists have long problematized the phenomenon. In this mixed-methods action research study, we explore the results of gamifying a lesson on gamification in a sociology of work course. We designed two gamified activities with varying degrees of consent that followed a lesson on gamification and consent. Students rated how problematic a series of gamified work scenarios were before and after the intervention. Our quantitative data did not show a significant increase in students' ability to identify consent after the intervention, but we did discover that students took either an employee or employer's perspective in their rating justifications. Furthermore, these findings were gendered. This article highlights the need for a more critical take on gamification in the classroom. We conclude by suggesting ways practitioners can teach about gamification in other contexts. [ABSTRACT FROM AUTHOR]
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- 2024
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32. Meta v Bundeskartellamt–data-based conduct between antitrust law and regulation.
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Witt, Anne C
- Subjects
PERSONALLY identifiable information ,ANTITRUST law ,DATA protection ,DATA protection laws ,GENERAL Data Protection Regulation, 2016 ,ONLINE social networks ,SOCIAL networks - Abstract
The article discusses the case of Meta v Bundeskartellamt, where the German competition agency found Facebook's data collection policy to be in violation of German competition law. The agency argued that Facebook abused its dominant position by imposing unfair terms on users, and that the terms also violated the GDPR and infringed on users' right to informational self-determination. The European Court of Justice ruled that competition agencies can consider whether an undertaking's data collection terms comply with the GDPR when assessing conduct under competition law. The ruling establishes that data protection laws are relevant in determining if conduct qualifies as fair competition, and may extend to other regulatory tools in the future. However, there are still unanswered questions about the interpretation of Article 102 TFEU in cases involving data-based conduct. [Extracted from the article]
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- 2024
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33. Perception of Polish patients with cancer of the ethical and legal issues related to biobank research.
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Domaradzki, Jan, Czekajewska, Justyna, and Walkowiak, Dariusz
- Subjects
MEDICAL research laws ,ORGAN donors ,DATA security ,PATIENT selection ,PATIENTS' rights ,HUMAN research subjects ,SEX distribution ,RESIDENTIAL patterns ,QUESTIONNAIRES ,CANCER patients ,AGE distribution ,TISSUE banks ,SURVEYS ,MEDICAL research ,INFORMED consent (Medical law) ,MEDICAL records ,RELIGION ,COMMUNICATION ,TUMORS ,PATIENTS' attitudes ,EDUCATIONAL attainment ,LAW ,LEGISLATION - Abstract
Background Although biobanks have become fundamental to many research centers and contribute to medical development, they generate many ethical and legal issues that may discourage patients from donating. Materials and Methods To understand patients' perception of ethical and legal issues related to biobanks we conducted a survey among 548 Polish patients with cancer. Results While 93.1% of patients with cancer declared themselves willing to donate biospecimens left over after a medical procedure to a biobank, most opted for one-time consent or study-specific consent, blanket consent being less frequently preferred. Many patients believed that future use of previously collected tissues require second contact. Most patients preferred pseudonymization over anonymization of the data, and supported donors' right to withdraw informed consent at any given moment. Finally, while personal health information was the most expected form of compensation for donation, most patients suggested that all parties, including the biobank concerned, the sponsors of the research, and the donors, should own the rights to cancer tissues donated and profit from the biobank research. Patients' opinions on the ethical and legal issues related to biobank research were associated with age, sex, religiosity, education level, and place of residence. Conclusions Since biobanks generate ethical and legal issues related to informed consent, data protection and storage, as well as the sharing of biosamples, tissue ownership, and profit sharing, that may discourage patients from donation, when asking a patient for a donation, healthcare professionals should communicate in a donor-centered manner and address patients' ethical and moral concerns related to donation and offer resources to help manage these concerns. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
34. Informed consent form for platelet rich plasma injections: evidence-based and legally guide for orthopaedic surgeons
- Author
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Madhan Jeyaraman, Satvik N. Pai, Migliorini Filippo, Naveen Jeyaraman, Ravichandran Venkatasalam, Arulkumar Nallakumarasamy, Manish Khanna, Bishnu Prasad Patro, Shilpa Sharma, and Ravi Velamor Rangarajan
- Subjects
Informed consent ,Platelet-rich plasma ,PRP ,Medico-legal ,Consent ,Medicine - Abstract
Abstract Regarding medico-legal malpractice suits, lawyers and insurers focus on informed consent documentation. Unfortunately, there is no standard protocol for obtaining informed consent for platelet-rich plasma (PRP) injections. The objective of the present study was to create a pre-designed, evidence-based informed consent form specifically for PRP injections. The current evidence on the medico-legal implications of PRP injections was accessed, as well as informed consent in general and specifically informed consent in PRP injections. Additionally, we interviewed orthopaedic surgeons and patients who had undergone PRP injections in the past year using a semi-structured approach. A legally valid and evidence-based informed consent form for PRP injections ensures rights, encouraging open communication and transparency between the patient and surgeon. Moreover, if a lawsuit arose, informed consent would be a critical document in surgeons' defence and would withstand scrutiny from lawyers and the judiciary. An evidence-based informed consent form for PRP injections was elaborated and reviewed by a legal expert to ensure adherence to legal proprieties. The final form of the informed consent for PRP injection was administered for one year and validated at our institution.
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- 2024
- Full Text
- View/download PDF
35. Treating the injured: a privilege conferred by both patient and wider society: the medical exception and consent in trauma
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Simon Britten
- Subjects
the medical exception ,proper medical treatment ,reasonable treatment options ,montgomery 2015 ,mcculloch 2023 ,offences against the person act 1861 ,civil law ,criminal law ,consent ,consent in trauma ,orthopaedic trauma ,orthopaedic surgeons ,physicians ,orthopaedic trauma surgeons ,limb injury ,wounding ,limb reconstruction ,surgical treatment ,alternative treatments ,Orthopedic surgery ,RD701-811 - Abstract
Two discrete legal factors enable the surgeon to treat an injured patient the fully informed, autonomous consent of the adult patient with capacity via civil law; and the medical exception to the criminal law. This article discusses current concepts in consent in trauma; and also considers the perhaps less well known medical exception to the Offences against the Person Act 1861, which exempts surgeons from criminal liability as long as they provide ‘proper medical treatment’. Cite this article: Bone Jt Open 2024;5(7):565–569.
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- 2024
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36. Allocation of Liability in Case of Unauthorised or Erroneous Payments
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Jans, Jan A., Busch, Danny, Series Editor, Gortsos, Christos V., Series Editor, Sciarrone Alibrandi, Antonella, Series Editor, and Jans, Jan A.
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- 2024
- Full Text
- View/download PDF
37. Sexual Consent and People with Intellectual and Developmental Disability
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Bianchi, Andria, Cooley, Dennis R., Series Editor, Weisstub, David N., Founding Editor, Kimbrough Kushner, Thomasine, Founding Editor, Carney, Terry, Editorial Board Member, Düwell, Marcus, Editorial Board Member, Heitman, Elizabeth, Editorial Board Member, Hodge, David Augustin, Editorial Board Member, Holm, Søren, Editorial Board Member, Jones, Nora L., Editorial Board Member, Kimsma, Gerrit, Editorial Board Member, Sulmasy, M. D., Daniel P., Editorial Board Member, Bianchi, Andria, editor, and Vogt, Janet A., editor
- Published
- 2024
- Full Text
- View/download PDF
38. Blurred Lines: Sexual Abuse (or not) in ‘Big Little Lies’
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Tewari, Devyani, Anurag, Pinki Mathur, editor, and Dwivedy, Santwana, editor
- Published
- 2024
- Full Text
- View/download PDF
39. Privacy Promise Vs. Tracking Reality in Pay-or-Tracking Walls
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Müller-Tribbensee, Timo, Goos, Gerhard, Series Editor, Hartmanis, Juris, Founding Editor, Bertino, Elisa, Editorial Board Member, Gao, Wen, Editorial Board Member, Steffen, Bernhard, Editorial Board Member, Yung, Moti, Editorial Board Member, Jensen, Meiko, editor, Lauradoux, Cédric, editor, and Rannenberg, Kai, editor
- Published
- 2024
- Full Text
- View/download PDF
40. Implementing ISO/IEC TS 27560:2023 Consent Records and Receipts for GDPR and DGA
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Pandit, Harshvardhan J., Lindquist, Jan, Krog, Georg P., Goos, Gerhard, Series Editor, Hartmanis, Juris, Founding Editor, Bertino, Elisa, Editorial Board Member, Gao, Wen, Editorial Board Member, Steffen, Bernhard, Editorial Board Member, Yung, Moti, Editorial Board Member, Jensen, Meiko, editor, Lauradoux, Cédric, editor, and Rannenberg, Kai, editor
- Published
- 2024
- Full Text
- View/download PDF
41. The Waffle Party Is Not What It Seems: Sexual, Reproductive, and Labor Exploitation in Severance
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Kollman, Kathleen W. Taylor, Isacoff, Nora M., editor, and Dawes, Jennifer, editor
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- 2024
- Full Text
- View/download PDF
42. Decision-Making and Guardianship
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Berens, John C., Chuang, Jennifer H., Kennedy, Jane Subak, Kuo, Alice A, editor, Pilapil, Mariecel, editor, DeLaet, David E., editor, Peacock, Cynthia, editor, and Sharma, Niraj, editor
- Published
- 2024
- Full Text
- View/download PDF
43. Just Sex in Heller’s Catch-22?
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Baker, James A., Culverhouse, Frederick Z., and Hagberg, Garry L., editor
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- 2024
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44. France: Psychiatric Care, Human Rights, and the CRPD
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Hanon, Cecile, Eyraud, Benoit, Gill, Neeraj, editor, and Sartorius, Norman, editor
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- 2024
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45. Conclusions
- Author
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Hernández Páez, Juan Pablo and Hernández Páez, Juan Pablo
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- 2024
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46. Mistake of Fact in the Preclusion of Wrongfulness
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Hernández Páez, Juan Pablo and Hernández Páez, Juan Pablo
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- 2024
- Full Text
- View/download PDF
47. Telehealth for Adolescents: Confidentiality Protections and Challenges
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English, Abigail, Mihaly, Lisa K., Evans, Yolanda N., editor, Golub, Sarah A., editor, and Sequeira, Gina M., editor
- Published
- 2024
- Full Text
- View/download PDF
48. 'You Just Roll with the Punches': The Production of Ignorance in Professional Ice Hockey
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Dennie, Martine, Cowan, Dave, Series Editor, Genn, Dame Hazel, Editorial Board Member, Haines, Fiona, Editorial Board Member, Kritzer, Herbert, Editorial Board Member, Mulcahy, Linda, Editorial Board Member, Hunter, Rosemary, Editorial Board Member, Stychin, Carl, Editorial Board Member, Valverde, Mariana, Editorial Board Member, Wheeler, Sally, Editorial Board Member, Raj, Senthorun, Editorial Board Member, Gacek, James, editor, and Jochelson, Richard, editor
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- 2024
- Full Text
- View/download PDF
49. V for Vendetta as Philosophy: Victory Through the Virtues of Anarchy
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Nisley, Clara, Kowalski, Dean A., editor, Lay, Chris, editor, S. Engels, Kimberly, editor, and Johnson, David Kyle, Editor-in-Chief
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- 2024
- Full Text
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50. Miscellaneous
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Abraham, Roy, Abuhejleh, Hasan, Mudawi, Aiman, editor, Fuad, Mazhar, editor, Abdul Hameed, Shamsi, editor, and Al-Dosari, Mohd Al-Ateeq, editor
- Published
- 2024
- Full Text
- View/download PDF
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