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  1. Assessing Decision-Making Capacity.Bernard Lo - 1990 - Journal of Law, Medicine and Ethics 18 (3):193-201.
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  • Volunteer experiences and perceptions of the informed consent process: Lessons from two HIV clinical trials in Uganda.Agnes Ssali, Fiona Poland & Janet Seeley - 2015 - BMC Medical Ethics 16 (1):1-14.
    BackgroundInformed consent as stipulated in regulatory human research guidelines requires that a volunteer is well-informed about what will happen to them in a trial. However researchers are faced with a challenge of how to ensure that a volunteer agreeing to take part in a clinical trial is truly informed. We conducted a qualitative study among volunteers taking part in two HIV clinical trials in Uganda to find out how they defined informed consent and their perceptions of the trial procedures, study (...)
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  • Can informed consent to research be adapted to risk?Danielle Bromwich & Annette Rid - 2015 - Journal of Medical Ethics 41 (7):521-528.
    The current ethical and regulatory framework for research is often charged with burdening investigators and impeding socially valuable research. To address these concerns, a growing number of research ethicists argue that informed consent should be adapted to the risks of research participation. This would require less rigorous consent standards in low-risk research than in high-risk research. However, the current discussion is restricted to cases of research in which the risks of research participation are outweighed by the potential clinical benefits for (...)
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  • Free Choice and Patient Best Interests.Emma C. Bullock - 2016 - Health Care Analysis 24 (4):374-392.
    In medical practice, the doctrine of informed consent is generally understood to have priority over the medical practitioner’s duty of care to her patient. A common consequentialist argument for the prioritisation of informed consent above the duty of care involves the claim that respect for a patient’s free choice is the best way of protecting that patient’s best interests; since the patient has a special expertise over her values and preferences regarding non-medical goods she is ideally placed to make a (...)
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  • Understanding, interests and informed consent: a reply to Sreenivasan.Danielle Bromwich - 2015 - Journal of Medical Ethics 41 (4):327-331.
    It is widely agreed that the view of informed consent found in the regulations and guidelines struggles to keep pace with the ever-advancing enterprise of human subjects research. Over the last 10 years, there have been serious attempts to rethink informed consent so that it conforms to our considered judgments about cases where we are confident valid consent has been given. These arguments are influenced by an argument from Gopal Sreenivasan, which apparently shows that a potential participant9s consent to research (...)
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  • Nudging and Informed Consent.Shlomo Cohen - 2013 - American Journal of Bioethics 13 (6):3-11.
    Libertarian paternalism's notion of “nudging” refers to steering individual decision making so as to make choosers better off without breaching their free choice. If successful, this may offer an ideal synthesis between the duty to respect patient autonomy and that of beneficence, which at times favors paternalistic influence. A growing body of literature attempts to assess the merits of nudging in health care. However, this literature deals almost exclusively with health policy, while the question of the potential benefit of nudging (...)
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  • Should children decide whether they are enrolled in nonbeneficial research?David Wendler & Seema Shah - 2003 - American Journal of Bioethics 3 (4):1 – 7.
    The U.S. federal regulations require investigators conducting nonbeneficial research to obtain the assent of children who are capable of providing it. Unfortunately, there has been no analysis of which children are capable of assent or even what abilities ground the capacity to give assent. Why should investigators be required to obtain the positive agreement of some children, but not others, before enrolling them in research that does not offer a compensating potential for direct benefit? We argue that the scope of (...)
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  • The not unreasonable standard for assessment of surrogates and surrogate decisions.Rosamond Rhodes & Ian Holzman - 2004 - Theoretical Medicine and Bioethics 25 (4):367-386.
    Standard views on surrogate decision making present alternative ideal models of what ideal surrogates should consider in rendering a decision. They do not, however, explain the physician''s responsibility to a patient who lacks decisional capacity or how a physician should regard surrogates and surrogate decisions. The authors argue that it is critical to recognize the moral difference between a patient''s decisions and a surrogate''s and the professional responsibilities implied by that distinction. In every case involving a patient who lacks decisional (...)
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  • Increasingly informed consent: Discussing distinct aspects of psychotherapy at different points in time.Andrew M. Pomerantz - 2005 - Ethics and Behavior 15 (4):351 – 360.
    Psychologists are ethically obligated to obtain informed consent to psychotherapy "as early as is feasible" (American Psychological Association, 2002, p. 1072). However, the range of topics to be addressed includes both information that may be immediately and uniformly applicable to most clients via policy or rule, as well as information that is not immediately presentable because it varies widely across clients or emerges over time. In this study, licensed psychologists were surveyed regarding the earliest feasible point at which they could (...)
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  • Does legally mandated consent to psychotherapy ensure ethical appropriateness?: The colorado experience.Mitchell M. Handelsman, Amos Martinez, Sarah Geisendorfer, Leslie Jordan, Laura Wagner, Pamela Daniel & Shanna Davis - 1995 - Ethics and Behavior 5 (2):119 – 129.
    We analyzed a sample of 356 forms containing information that Colorado law legally requires both licensed and unlicensed therapists to disclose to clients. The majority of forms contained the legally mandated information; fewer forms contained ethically desirable information. The average readability grade level was 15.74, corresponding to upper-level college, and 63.9% of the forms reached the highest (most difficult) readability grade of 17 +. Therapists are obeying the law, but do not appear to be taking advantage of the opportunity to (...)
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  • Informed Consent, Error and Suspending Ignorance: Providing Knowledge or Preventing Error?Arnon Keren & Ori Lev - 2022 - Ethical Theory and Moral Practice 25 (2):351-368.
    The standard account of informed consent has recently met serious criticism, focused on the mismatch between its implications and widespread intuitions about the permissibility of conducting research and providing treatment under conditions of partial knowledge. Unlike other critics of the standard account, we suggest an account of the relations between autonomy, ignorance, and valid consent that avoids these implausible implications while maintaining the standard core idea, namely, that the primary purpose of the disclosure requirement of informed consent is to prevent (...)
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  • (1 other version)Information disclosure in clinical informed consent: “reasonable” patient’s perception of norm in high-context communication culture.Muhammad M. Hammami, Yussuf Al-Jawarneh, Muhammad B. Hammami & Mohammad Al Qadire - 2014 - BMC Medical Ethics 15 (1):3.
    The current doctrine of informed consent for clinical care has been developed in cultures characterized by low-context communication and monitoring-style coping. There are scarce empirical data on patients' norm perception of information disclosure in other cultures.
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  • Beauty and Breast Implantation: How Candidate Selection Affects Autonomy and Informed Consent.Lisa S. Parker - 1995 - Hypatia 10 (1):183 - 201.
    Candidate evaluation for breast implantation presents a more important obstacle to the fulfillment of the normative requirements of informed consent than do the social roles of women or cultural norms governing female beauty. I argue that women's decisions to receive breast implants may indeed be informed, competently made, and substantially voluntary, but that the cultural construction of beauty may undermine women's autonomy by influencing the evaluation of surgical candidates and risk disclosure during informed consent.
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  • The myth of informed consent: in daily practice and in clinical trials.W. A. Silverman - 1989 - Journal of Medical Ethics 15 (1):6-11.
    Until about thirty years ago, the extent of disclosure about and consent-seeking for medical interventions was influenced by a beneficence model of professional behaviour. Informed consent shifted attention to a duty to respect the autonomy of patients. The new requirement arrived on the American scene in two separate contexts: for daily practice in 1957, and for clinical study in 1966. A confusing double standard has been established. 'Daily consent' is reviewed, if at all, only in retrospect. Doctors are merely exhorted (...)
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  • Assent in paediatric research: theoretical and practical considerations.D. S. Wendler - 2006 - Journal of Medical Ethics 32 (4):229-234.
    Guidelines around the world require children to provide assent for their participation in most research studies. Yet, little further guidance is provided on how review committees should implement this requirement, including which children are capable of providing assent and when the requirement for assent may be waived on the grounds that the research offers participating children the potential for important clinical benefit. The present paper argues that the assent requirement is supported by the importance of allowing children who are capable (...)
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  • Is posthumous semen retrieval ethically permissible?R. D. Orr - 2002 - Journal of Medical Ethics 28 (5):299-302.
    It is possible to retrieve viable sperm from a dying man or from a recently dead body. This sperm can be frozen for later use by his wife or partner to produce his genetic offspring. But the technical feasibility alone does not morally justify such an endeavour. Posthumous semen retrieval raises questions about consent, the respectful treatment of the dead body, and the welfare of the child to be.We present two cases, discuss these three issues, and conclude that such requests (...)
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  • Formal and effective autonomy in healthcare.A. P. Schwab - 2006 - Journal of Medical Ethics 32 (10):575-579.
    This essay lays the groundwork for a novel conception of autonomy that may be called “effective autonomy”—a conception designed to be genuinely action guiding in bioethics. As empirical psychology research on the heuristics and biases approach shows, decision making commonly fails to correspond to people’s desires because of the biases arising from bounded cognition. People who are classified as autonomous on contemporary philosophical accounts may fail to be effectively autonomous because their decisions are uncoupled from their autonomous desires. Accordingly, continuing (...)
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  • Should paramedics ever accept patients' refusal of treatment or further assessment?Halvor Nordby - 2013 - BMC Medical Ethics 14 (1):1-5.
    BackgroundThis case report discusses an ethical communication dilemma in prehospital patient interaction, involving a patient who was about to board a plane at a busy airport. The article argues that the situation raised dilemmas about communication, patient autonomy and paternalism. Paramedics should be able to find good solutions to these dilemmas, but they have not received much attention in the literature on prehospital ambulance work.Case presentationThe patient had chest pains that were consistent with serious heart disease, but she wanted to (...)
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  • Review of Neil C. Manson and Onora O'Neill, Rethinking Informed Consent in Bioethics. [REVIEW]Lisa S. Parker - 2008 - American Journal of Bioethics 8 (8):68-69.
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  • Genetic research on rare familial disorders: consent and the blurred boundaries between clinical service and research.M. Ponder, H. Statham, N. Hallowell, J. A. Moon, M. Richards & F. L. Raymond - 2008 - Journal of Medical Ethics 34 (9):690-694.
    Objectives: To study the consent process experienced by participants who are enrolled in a molecular genetic research study that aims to find new genetic mutations responsible for an apparently inherited disorder.Design: Semi-structured interviews and analysis/description of main themes.Participants: 78 members of 52 families who had been recruited to a molecular genetic study.Results: People were well informed about the goals, risks and benefits of the genetic research study but could not remember the consent process. They had mostly been recruited to take (...)
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  • Risky business: Evaluating oocyte donation.Jessica W. Berg - 2001 - American Journal of Bioethics 1 (4):18 – 19.
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  • Rethinking Research Ethics.Rosamond Rhodes - 2010 - American Journal of Bioethics 10 (10):19-36.
    Contemporary research ethics policies started with reflection on the atrocities perpetrated upon concentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim (...)
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  • Genetic information, rights, and autonomy.Matti Häyry & Tuija Takala - 2001 - Theoretical Medicine and Bioethics 22 (5):403-414.
    Rights, autonomy, privacy, and confidentialityare concepts commonly used in discussionsconcerning genetic information. When theseconcepts are thought of as denoting absolutenorms and values which cannot be overriden byother considerations, conflicts among themnaturally occur.In this paper, these and related notions areexamined in terms of the duties and obligationsmedical professionals and their clients canhave regarding genetic knowledge. It issuggested that while the prevailing idea ofautonomy is unhelpful in the analysis of theseduties, and the ensuing rights, an alternativereading of personal self-determination canprovide a firmer (...)
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  • Placebo Orthodoxy in Clinical Research II: Ethical, Legal, and Regulatory Myths.Benjamin Freedman, Kathleen Cranley Glass & Charles Weijer - 1996 - Journal of Law, Medicine and Ethics 24 (3):252-259.
    Placebo-controlled trials are held by many, including regulators at agencies like the United States Food and Drug Administration, to be the gold standard in the assessment of new medical interventions. Yet the use of placebo controls in clinical trials has been the focus of considerable controversy. In this two-part article, we challenge a number of common beliefs concerning the value of placebo controls. Part I critiques statistical and other scientific justifications for the use of placebo controls in clinical research. The (...)
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  • Implications of the concept of minimal risk in research on informed choice in clinical practice.Kyoko Wada & Jeff Nisker - 2015 - Journal of Medical Ethics 41 (10):804-808.
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  • Can a Theory of Voluntariness Be A Priori and Value-Free?Paul S. Appelbaum - 2011 - American Journal of Bioethics 11 (8):17-18.
    The American Journal of Bioethics, Volume 11, Issue 8, Page 17-18, August 2011.
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  • Rethinking research ethics.Rosamond Rhodes - 2005 - American Journal of Bioethics 5 (1):7 – 28.
    Contemporary research ethics policies started with reflection on the atrocities perpetrated upoconcentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim of (...)
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  • Litigation in Clinical Research: Malpractice Doctrines versus Research Realities.E. Haavi Morreim - 2004 - Journal of Law, Medicine and Ethics 32 (3):474-484.
    Human clinical research trials, by which corporations, universities, and research scientists bring new drugs, devices, and procedures into the practice and marketplace of medicine, have become a huge business. The National Institutes of Health doubled its spending over the past five years, while in the private sector the top twenty pharmaceutical companies have more than doubled their investment in research and development over a roughly comparable period. To date, some twenty million Americans have participated in clinical research trials that now (...)
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  • A national survey of ethics committees in state mental hospitals.Patricia Backlar & Bentson H. McFarland - 1993 - HEC Forum 5 (5):272-288.
    In June 1992, a national mail survey was directed to 204 state inpatient psychiatric institutions. This study was implemented following the 1992 Joint Commission on Accreditation of Healthcare Organizations (JCAHO) requirement that hospitals put in place some means with which to address ethical issues. The goals of the study were: 1. to examine state mental hospital characteristics and their response to the JCAHO requirements; 2. to describe healthcare ethics committee (HEC) composition, function, and role; 3. to study patient and family (...)
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  • Informed consent for clinical treatment in low-income setting: evaluating the relationship between satisfying consent and extent of recall of consent information.Ikenna I. Nnabugwu, Fredrick O. Ugwumba, Emeka I. Udeh, Solomon K. Anyimba & Oyiogu F. Ozoemena - 2017 - BMC Medical Ethics 18 (1):69.
    Treatment informed consent aims to preserve the autonomy of patients in the clinician – patient relationship so as to ensure valid consent. An acceptable method of evaluating understanding of consent information is by assessing the extent of recall by patients of the pieces information believed to have been passed across. When concerns are not satisfactorily addressed from the patients’ perspective, recall of consent information may be low. This study is a questionnaire – based cross – sectional interview of consecutive adult (...)
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  • Preventing Harm and promoting Ethical Discourse in the Helping Professions: Conceptual, Research, Analytical, and Action Frameworks.Isaac Prilleltensky, Amy Rossiter & Richard Walsh-Bowers - 1996 - Ethics and Behavior 6 (4):287-306.
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  • Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent.August Piper - 1994 - Journal of Law, Medicine and Ethics 22 (4):301-313.
    What is informed consent in medicine? For more than a generation, this deceptively simple question has vexed the law, discomfited medicine, and generated much inspired, provocative, and even contentious commentary.The question has also spawned several lawsuits. On one side stand patients who claim that, at the time of consent, they were ignorant of a particular risk; who state that, with more or different information, they would have chosen a different treatment; and who argue that, because of an adverse outcome, they (...)
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  • Placebo Surgery for Parkinson's Disease: Do the Benefits Outweigh the Risks?Peter A. Clark - 2002 - Journal of Law, Medicine and Ethics 30 (1):58-68.
    In April 1999, Dr. Curt Freed of the University of Colorado in Denver and Dr. Stanley Fahn of Columbia Presbyterian Center in New York presented the results of a four-year, $5.7 million government-financed study using tissue from aborted fetuses to treat Parkinson’s disease at a conference of the American Academy of Neurology. The results of the first government-financed, placebo-controlled clinical study using fetal tissue showed that the symptoms of some Parkinson’s patients had been relieved. This research study involved forty subjects, (...)
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  • Informed consent in psychotherapy: a survey on attitudes among psychotherapists in Switzerland.Manuel Trachsel, Yvonne Nestoriuc, Jens Gaab, Marc Inderbinen, Martin Grosse Holtforth & Klara Eberle - 2021 - BMC Medical Ethics 22 (1):1-10.
    BackgroundThe legal and ethical guidelines of psychological professional associations stipulate that informed consent by patients is an essential prerequisite for psychotherapy. Despite this awareness of the importance of informed consent, there is little empirical evidence on what psychotherapists’ attitudes towards informed consent are and how informed consent is implemented in psychotherapeutic practice.Methods155 psychotherapists in Switzerland completed an online survey assessing their attitudes regarding informed consent. ResultsAmong the surveyed psychotherapists, there was a high consensus on important information that should be communicated (...)
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  • Ethics in Paramedic Services: Patients’ Right to Make Their Own Choices in a Pre-hospital Setting.Halvor Nordby - 2014 - Journal of Clinical Research and Bioethics 5 (2).
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  • Ethical issues in reporting and referring in research with low-income minority children.Diane Scott-Jones - 1994 - Ethics and Behavior 4 (2):97 – 108.
    Ethical research with children requires a special concern for their well-being as individuals. Researchers are therefore expected to report problems children experience and to refer children for assistance. This article addresses difficulties that can arise as researchers attempt to meet this obligation in research with low-income ethnic minority children. Potential difficulties include both failure to report and overreporting suspected problems. The role of institutional review boards in researchers' reporting and referring behavior is also discussed.
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  • Informed Consent.Jean-Pierre Clero - 2016 - Postmodern Openings 7 (2):15-23.
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  • Malpractice arising from negligent psychotherapy: Ethical, legal, and clinical implications of Osheroff V. chestnut Lodge.Wendy L. Packman, Mithran G. Cabot & Bruce Bongar - 1994 - Ethics and Behavior 4 (3):175 – 197.
    Traditionally, there have been few legal actions brought against psychotherapists that allege negligent psychotherapy and negligent treatment of psychiatric disorders. However, in the case of Osheroff v. Chestnut Lodge, a patient-physician (Dr. OsheroE) sued Chestnut Lodge, a private psychiatric facility, for negligence based on the staff's decision to apply a psychodynamic model of treatment (through psychotherapy) and not a biological model. The case sparked a heated debate between adherents of the psychodynamic model and those of the biological model. This article (...)
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  • Race, Religion, and Informed Consent — Lessons from Social Science.Dayna Bowen Matthew - 2008 - Journal of Law, Medicine and Ethics 36 (1):150-173.
    Patients belonging to ethnic, racial, and religious minorities have been all but excluded from the legal academy’s ongoing conversation about informed consent. Perhaps this is just as well, since the conversation appears to have concluded that the doctrine has failed to serve as a meaningful regulation of clinical relationships. Informed consent does not operate in practice the way it was intended in theory. More than a decade ago, Peter Schuck noted the “informed consent gap” that distinguishes the “proper” law of (...)
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  • A review of patient outcomes in pharmacological studies from the psychiatric literature, 1966–1993. [REVIEW]Adil E. Shamoo, Dianne N. Irving & Patricia Langenberg - 1997 - Science and Engineering Ethics 3 (4):395-406.
    A literature search was conducted on studies of new drugs used with patients with schizophrenia reported by U.S. and non-U.S. researchers from 1966–1993, yielding 41 U.S., and a total of 24 other non-U.S. studies, among them 11 British studies. Results of the U.S. and non-U.S. studies were pooled separately and compared. Among several comparable conditions discussed, the lack of any data on suicides in the U.S. studies was observed. For a second statistical analysis of suicide rates ‘person-years’ were calculated to (...)
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  • Infringement of the right to surgical informed consent: negligent disclosure and its impact on patient trust in surgeons at public general hospitals – the voice of the patient.Gillie Gabay & Yaarit Bokek-Cohen - 2019 - BMC Medical Ethics 20 (1):1-13.
    Background There is little dispute that the ideal moral standard for surgical informed consent calls for surgeons to carry out a disclosure dialogue with patients before they sign the informed consent form. This narrative study is the first to link patient experiences regarding the disclosure dialogue with patient-surgeon trust, central to effective recuperation and higher adherence. Methods Informants were 12 Israelis, aged 29–81, who underwent life-saving surgeries. A snowball sampling was used to locate participants in their initial recovery process upon (...)
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  • Ignorance Isn’t Bliss: Retaining a Meaningful Comprehension Requirement for Consent to Research.Paul S. Appelbaum - 2019 - American Journal of Bioethics 19 (5):22-24.
    Volume 19, Issue 5, May 2019, Page 22-24.
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  • The ethics of relationality in implementation and evaluation research in global health: reflections from the Dream-A-World program in Kingston, Jamaica.Nicole A. D’Souza, Jaswant Guzder, Frederick Hickling & Danielle Groleau - 2018 - BMC Medical Ethics 19 (S1).
    Background Despite recent developments aimed at creating international guidelines for ethical global health research, critical disconnections remain between how global health research is conducted in the field and the institutional ethics frameworks intended to guide research practice. Discussion In this paper we attempt to map out the ethical tensions likely to arise in global health fieldwork as researchers negotiate the challenges of balancing ethics committees’ rules and bureaucracies with actual fieldwork processes in local contexts. Drawing from our research experiences with (...)
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  • Informed Consent in Medicine in Comparison with Consent in Other Areas of Human Activity.Steve Clarke - 2001 - Southern Journal of Philosophy 39 (2):169-187.
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  • Presumed Consent Models and Health Information Exchanges: Hard Nudges and Ambiguous Benefits.Ricky T. Munoz, Mark D. Fox & Michael R. Gomez - 2013 - American Journal of Bioethics 13 (6):14-15.
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  • Legal and Ethical Complexities of Consent with Cognitively Impaired Research Subjects: Proposed Guidelines.Jessica Wilen Berg - 1996 - Journal of Law, Medicine and Ethics 24 (1):18-35.
    When science takes man as its subject, tensions arise between two values basic to Western society: freedom of scientific inquiry and protection of individual inviolability.... At the heart of this conflict lies an age-old question: When may a society, actively or by acquiescence, expose some of its members to harm in order to seek benefits for them, for others, or for society as a whole?
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  • Split views among parents regarding children's right to decide about participation in research: a questionnaire survey.U. Swartling, G. Helgesson, M. G. Hansson & J. Ludvigsson - 2009 - Journal of Medical Ethics 35 (7):450-455.
    Based on extensive questionnaire data, this paper focuses on parents’ views about children’s right to decide about participation in research. The data originates from 4000 families participating in a longitudinal prospective screening as 1997. Although current regulations and recommendations underline that children should have influence over their participation, many parents in this study disagree. Most (66%) were positive providing information to the child about relevant aspects of the study. However, responding parents were split about whether or not children should at (...)
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  • Psychosocial knowledge and allopathic medicine: Points of convergence and departure. [REVIEW]H. Russell Searight - 1994 - Journal of Medical Humanities 15 (4):221-232.
    The past 15 years have witnessed a call for allopathic medicine to incorporate psychosocial perspectives into education and clinical practice. While a biopsychosocial perspective has influenced academic medicine in areas such as primary care and psychiatry, its direct impact on clinical medicine has been questionable. One barrier to the incorporation of psychosocial information into medicine which has only recently received attention has been different cultural assumptions which govern medicine versus the social-behavioral sciences. These assumptions are examined in the context of (...)
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  • Death can be proud.Lester Butt & Juliette Rothman - 1995 - HEC Forum 7 (2-3):81-93.
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  • Personalizing transcranial direct current stimulation for treating major depressive disorder.Stephan Goerigk - unknown
    Transcranial direct current stimulation is a safe and efficient intervention for treating major depressive disorder. However, research has suggested heterogeneity of response between patients. The emerging field of precision psychiatry aims to use statistical modeling of multi-modal data to tailor treatment to the single patient. To this end, more in-depth analysis of randomized controlled trials will be relevant due to limited availability of other large datasets with high phenotypic detail and to develop tools for personalization within counterfactually controlled environments to (...)
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