Attending to the Patient in the Informed Consent Process

An interesting article titled “Personalized Disclosure by Information-on-Demand: Attending to Patients’ Needs in the Informed Consent Process” written by Gil Siegal, Richard J. Bonnie, and Paul S. Appelbaum appears in the Summer 2012 issue of the The Journal of Law, Medicine & Ethics (vol. 40, issue 2, pages 359-367). A discussion is made of the current informed consent process and how it is the foundation of medical ethics and health law. Now is clear from the complications page of my website http://www.teethremoval.com/complications.html, I have numerous problems with the informed consent process. In the article the authors state “The underlying ethical principle on which informed consent rests — autonomy — embodies the idea that as rational moral agents, patients should be in command of decisions that relate to their bodies and lives. The corollary obligation of physicians — to respect and facilitate … Read more

Scientific Integrity and the Commercial Speech Doctrine for Industry

An interesting article by Joanna K. Sax titled “Protecting Scientific Integrity: The Commercial Speech Doctrine Applied to Industry Publications,” appeared in the American Journal of Law and Medicine in 2011 (vol. 37, pages 203-224). The article opens up by discussion how the economic reality of survival and profits may distort a company’s decision making process regarding full disclose on a particular drug. Dow Corning, which manufactured implants, withheld important data from long-term animal models which demonstrated adverse effects from breast implants and failed to conduct long-term studies. It was necessary for litigation in order to expose Dow’s failure to conduct the necessary studies. It was found that even though Dow denied liability they had evidence which demonstrated they had knowledge of the harmful effects of the breast implants and suppressed these findings. The author later mentions how the tobacco industry used propaganda in the 1960s … Read more