Consent to Treatment: A Practical Guide, Fourth Edition

Described as "the Bible" on consent by health lawyers and risk managers and recently reviewed by the Journal of the American Medical Association (JAMA), Consent to Treatment has been cited in over 90 law review articles and 20 court decisions, including a landmark ruling by the U.S. Supreme Court regarding end-of-life choice-making.

Consent to Treatment helps you:

• Formulate and enforce effective consent policies and procedures
• Navigate consent topics - both common and complex
• Stay in compliance with state and federal laws on consent
• Provides solid case analysis on important issues in consent to treatment
• Use consent strategies to promote patient safety
• Offers practical risk management insights to mitigate potential for consent litigation
• And more!

Consent to Treatment has been updated to include coverage of the following information:

• Mississippi's definition of "deceptive" and "misleading"
• Updates to statutes and cases involving
  • The law of consent
  • Adequate disclosure
  • Negligent consent
  • The duty to warn others of potential harm
  • Patients’ requests not to be informed
  • The importance of consent in IVF
  • Mammography
  • Menopausal and postmenopausal treatment
  • The age when a person can legally give consent
  • Psychoactive drugs and other medications
  • Mental health directives
  • Medical and surgical treatment of the mentally disabled
  • The use of force on mentally disabled patients
  • Accessing private information
  • Health Information Exchanges and meaningful use
• Discussion of the effect a study on outcomes for patients who refuse blood and blood byproducts for religious reasons could have on a health care organization's policies
• FDA guidance on issues, including consent, to consider when transferring investigation oversight responsibilities
• New section on regulatory issues in human research and consent
• Updated requirements for Advance Beneficiary Notice and Advance Beneficiary Notice of Noncoverage
• Updated discussion of nontreatment situations and consent beyond U.S. borders

• Introduction: Consent As a Communications Process
• 1. THE RULES FOR CONSENT TO TREATMENT
  • The Law of Consent in Perspective
  • The Need for Adequate Disclosure
  • Elements of Negligent Consent Litigation
• 2. EXCEPTIONS TO THE RULES
  • When Consent Is Not Necessary
  • Problem Cases
• 3. REPRODUCTIVE MATTERS AND CONSENT
  • Birth Control and Consent
  • Sterilization and Consent
  • Abortion and Consent
  • Conception, Pregnancy, and Consent
  • Consent to Diagnostic, Medical, and Surgical Treatment: Special Issues of Concern to Women
  • Consent to Medical and Surgical Treatment: Special Issues of Concern to Men
• 4. PRISONERS AND DETAINEES
  • Voluntary Consent
  • Incapacity to Consent
  • Right to Refuse Tests or Treatment
  • Compulsory Examination and Treatment for Communicable Diseases
  • Obtaining Evidence: Physical and Surgical "Searches"
• 5. MINORS
  • Traditional View of Minors' Consent to Treatment
  • Legislative Standards for Minors' Consent
  • Minors and Reproductive Matters
  • Alcohol, Drug, and Substance Abuse Treatment for Minors
  • Mentally Ill and Developmentally Disabled Minors
  • Immunization and Screening of Children
  • Treatment of Minors in Crisis Situations
  • Drug and Medical Care in Schools
  • Refusal of Consent to Treatment
• 6. MENTAL ILLNESS, MENTAL AND DEVELOPMENTAL DISABILITY, AND CONSENT
  • Commitment for Treatment and Consent
  • Scope of Permissible Mental Health Treatment
  • Sterilization of the Mentally Disabled
  • Non–Psychiatric Treatment of the Mentally Disabled
• 7. THE RIGHT TO REFUSE TREATMENT
  • Curable, Life-Threatening Illness
  • Right to Refuse Terminal Care and Receive Palliative Treatment
• 8. HUMAN RESEARCH AND EXPERIMENTATION
  • Scope of Federal Regulation
  • State Controls Over Human Research
  • Reproductive Research: Special Consent Considerations
  • Minors as Research Subjects
  • Research Involving the Mentally Ill, Handicapped, and Developmentally Disabled
  • Prisoners as Research Subjects
  • Research with Incompetent Persons
  • Research with Other Vulnerable Populations
  • Judicial Precedent in Human Research and Consent
  • Practical Considerations for Consent to Human Research
  • Measures to Improve Informed Consent in Clinical Research
  • A Checklist of Management Considerations
• 9. ORGAN DONATION, AUTOPSY, AND DISPOSITION OF DEAD BODIES
  • Live Organ and Tissue Donors and Consent
  • Cadaver Organ and Tissue Transplants and Consent
  • Autopsy and Consent
  • Other Medical Uses for Dead Bodies
• 10. THE ELDERLY AND CONSENT
  • Aging and Consent
  • Competency to Consent to Treatment
  • Elderly in Need of Protection
  • Elderly and Consent to Medications in Medicare Part D
  • Refusing Treatment, Dying and Death, and the Elderly
• 11. WORKPLACE CONSENTISSUES
  • Federal Requirements Governing a Drug-Free Workplace
  • State Requirements Governing a Drug-Free Workplace
  • Practical Issues Involving Health Care Organizations and Professionals
  • Types of Testing Situations
  • Practical Pointers
  • Consent and Workplace Immunizations
• 12.DOCUMENTATION OF CONSENT AND PRACTICAL RULES FOR CONSENT
  • Documentation of Consent
  • Practical Rules for Consent
  • Consent and Access to Private Health Care Information
• Appendixes
• Table of Cases
• Index