The issue of informed consent in court-mandated social work practice raises ethical dilemmas for the social worker. The social worker, who is obliged to uphold the client's rights and social justice, is faced with the burden of making an assessment that will be used in court proceedings. The power imbalance between the client and the social worker, the failure to predict the risks and advantages of the assessment and the therapeutic alliance between the two are major factors that could hinder informed consent in court-mandated situations.
An informed consent plaintiff was required to produce expert testimony showing it to be more likely than not that the undisclosed greater risk of nerve damage from back surgery proximately caused his chronic pain, the Ohio Supreme Court has ruled in reinstating a directed verdict. The plaintiff suffers severe, chronic pain after undergoing a second discectomy to repair a herniated disc in his back. The first surgery had a positive outcome until the plaintiff reinjured himself while running. The defendant performed both surgeries.
In the last decade, a small but distinguished group of medical and even some legal scholars have sought to address this dilemma by calling for a revision of our current methods of informed consent in favor of shared medical decision-making.9 Shared medical decision-making is a process in which the physician shares with the patient all relevant risk and benefit information on all treatment alternatives and the patient shares with the physician all relevant personal information that might make one treatment or side effect more or less tolerable than others.10 Then, both parties use this information to come to a mutual medical decision.11 Advocates of shared medical decision-making praise its improvements in patient autonomy and comprehension, its ability to reduce unwanted medical procedu...
Introduction. The Extractive Industries Review. The EIR's Recommendations. Poverty Alleviation and Sustainable Development. Governance Criteria. Human Rights. Indigenous Peoples' Rights. Free, Prior and Informed Consent. Prior Recognition of Rights to Lands, Territories, and Resources. Compensatory Off-sets. Submarine and Riverine Tailings Disposal. Draft Operational Policy 4.10 on Indigenous Peoples. "Phase Out" of Oil and Coal by 2008. WBG Accountability/Institutional Issues. The Draft Management Response to the Eir . The June 2004 Management Response . Free, Prior And Informed Consent. What is FPIC? Why is FPIC Important? International Law and Indigenous Peoples' Rights to FPIC. Textual Expressions. Jurisprudence. FPIC in Development Standards . FPIC and Sub-Soil Rights. "Operational...
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