Informed Consent And Disclosure Essay

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Katz introduces in his book, The Silent World of Doctor and Patient the origins of informed consent. "The birth date of informed consent was 22 October 1957" (Katz, 1984, p. 60). In those origins he shares that although informed consent and disclosure were introduced as standard, people have always had problems communicating with each other and therefore it leads to a disconnect when disclosure and consent are applied to medical procedure. Simply put, for the longest time, the physician-patient relationship has always included a certain level of silence. This was meant to keep patients from being too alarmed to go on with the treatment or procedure and to avoid any unsavory discussions. But when cases like Salgo v. Leland Stanford Jr. showed the court and the public the perils of not including informed consent, things began to change, albeit slowly, which only confirms that informed consent and disclosure were never a part of medical thinking and practice. What was deemed a part of medical thinking and practice was faith in the physician's ability to do his or her job. Katz discusses this in his book and shows that while patients welcomed the inclusion of informed consent and disclosure, they felt they were being lied to because of the continued silence that has always existed in this kind of relationship. Katz suggests that patients justly so, feel cheated by "the duplicities, evasions, and lies that have infiltrated conversations...

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45). Implying the "ritual" of disclosure is more so a formality than an actual act of compliance and patients can discern the genuine attempts from the ingenuous ones. Going back to the trust established in the physician-patient relationship, blind faith, based on empirical evidence, does not suggest it aids against the struggle of disease. In fact, obedience and compliance are not gained through blind faith, but rather being informed. "Obedience, compliance, and trust are, in the appropriate settings, virtues not vices" (Caplan, 1987, p. 46).
Obedience and compliance are facilitated through being informed and recognizing another's limits and fallibility instead of obedience to authority and blind trust. Whether informed consent and disclosure is a part of this feeling of being informed has all to do with how much the physician is willing to communicate to the patient. Again it leads to an issue of communication and the degree of silence. This is something that has long existed in medical field.

Which leads to my agreeance of Katz's claim that both informed consent and disclosure were never truly part of medical practice and thinking. Going back centuries, and even now in the present, many people simply let doctors perform tests without asking questions because they expect the physician to know how to…

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References

Caplan, A. (1987). Can we talk? A review of Jay Katz, The Silent World of Doctor and Patient. West New Engl Law Rev., 9(1), 43-52.

Faden, R., Beauchamp, T., & King, N. (1986). A history and theory of informed consent. New York: Oxford University Press.

Katz, J. (1984). The silent world of doctor and patient. New York: Free Press.


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