Topic
Informed Consent
263 published works
Expert Institute Insights
Teenage Basketball Player Gets $2.6 Million After a Hip Replacement
Case Overview Case Name: Tahani Spearman, individually and as guardian ad litem for Taylor Ivory, a minor v. Prasad V. Gourineni, M.D., Prasad Gourineni, M.D., S.C. d/b/a Pediatric & Young…
Health Law Prof Blog
Reimagining Informed Consent: From Disclosure to Comprehension
Valerie Gutmann Koch (University of Houston), Reimagining Informed Consent: From Disclosure to Comprehension, 14 UC Irvine L. Rev. (Forthcoming):Half a century ago, the legal doctrine of informed consent was presumably…
Privacy & Information Security Law Blog
Illinois Supreme Court Rules that a Claim Under BIPA Accrues with Every Scan or Transmission of Biometric Identifiers or Biometric Information Without Prior Informed Consent
On February 17, 2023, the Illinois Supreme Court issued an opinion in Cothron v. White Castle Systems, Inc., in response to a certified question from the Seventh Circuit, ruling that…
Canadian Lawyer Mag
Doctor who failed to obtain patient’s consent guilty of malpractice: Alberta Court of King’s Bench
Obstetrician failed to explain to the patient the risks involved in C-section delivery
Bill Madden's Blog
Medical: Colonoscopy procedure & spleen damage.
By Bill Madden
Coulon v Adams [2022] QDC 291 (on JADE). The plaintiff alleged negligence on the part of the defendant in performing a colonoscopy, following which she required a splenectomy. In submissions regarding…
Bill Madden's Blog
Medical: Birth trauma / caesarean section request & delay.
By Bill Madden
With thanks to Lauren Sutherland for drawing attention to CNZ v Royal Bath Hospitals NHS Foundation Trust & Anor [2023] EWHC 19 (KB), a decision which does not appear to…
Legal Profession Blog
A Reluctant Recommendation For Disbarment
The District of Columbia Board on Professional Responsibility found that an attorney had engaged in reckless misappropriation of an advanced fee and must be disbarred.The decision underscores the strict requirements…
Bill Madden's Blog
Medical: Consent and blood transfusion concerns regarding mRNA vaccine residue.
By Bill Madden
With thanks to Paul Mangopoulos for drawing my attention to this decision of the High Court of New Zealand: Te Whatu Ora, Health New Zealand, Te Toka Tumai v C…
Rivkin Rounds
The Family Health Care Decisions Act’s Limitations
By Joseph Pidel, Rivkin Rounds Staff
On any given day, a medical practitioner will evaluate a patient, determine the appropriate care and then provide the required services upon the patient’s consent. However, what happens if a…
Health Law Prof Blog
Point/Counterpoint – Whether Informed Consent Should Be Obtained for Apnea Testing in the Determination of Death by Neurologic Criteria?
Dr. Thaddeus Mason Pope (Mitchell Hamline School of Law;), Point/Counterpoint - Whether Informed Consent Should Be Obtained for Apnea Testing in the Determination of Death by Neurologic Criteria?, SSRN (2022):This…