Thesis: Inform Consent

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¶ … Consent

Analyze the legal issues related to informed consent and refusal

The doctrine of informed consent arises in a number of questions in the legal profession, particularly as it relates to the refusal or acceptance of medical treatment. Three elements are required to validate decisions regarding medical treatment. "The decision must be knowledgeable...the treatment provider must have disclosed relevant information to the prospective patient," such as side effects, it must be voluntary in that the "decision made of the patient's own free will without undue coercion or pressure," and the decision-maker must be legally competent to make the decision (not mentally handicapped, not incapacitated by drugs or alcohol at the time, and in many instances not a minor) (Rosenfeld 2002).

Evaluate the legal issues associated with assessment, testing, and diagnosis in professional psychology.

When assessing an individual, even if hired as an expert witness for one side of a particular case, the psychologist must not function as a partisan, and must be well-justified in his or her articulated professional beliefs as an expert, contrary to that of an attorney who only presents his client's case and has no responsibility to present the other side of the issue (Saunders 2009). To make an ethical decision, the psychologist must not be influenced by, for example, potential compensation (such as funding by a drug company) when diagnosing and prescribing a treatment for a patient, or reporting upon the efficacy of a treatment.

The feedback the psychologist or she gives must be based upon empirical evidence, and the tests he or she uses must be established for their validity and reliability within the profession as a whole and administered in an appropriate manner. The appearance of conflicts of interest must be avoided. When assessing a minor, it is essential to have the consent of the parents or other relevant parties in charge of the child's welfare.

Explain the importance of maintaining confidentiality in the therapeutic relationship

Without the assurance of confidentiality, many individuals would refuse to seek treatment of any kind, hence the importance of confidentiality in psychological treatment. According to the principle of confidentiality, the psychotherapist cannot reveal what was said during a session, even if the individual reveals he or she committed a crime. Only if the patient is "engaged in criminal activity which jeopardizes the life or safety of others" during a therapeutic session can the psychotherapist reveal what has been said to the authorities (Lloyd 2009). Criminal activity includes a reasonable suspicion the individual may commit suicide as well as threats against another person. In some states such as California, the therapist must reveal suspected elder or child abuse. In the case of children, parents or the court (if the child is a ward of the court) hold the privilege of nondisclosure of what is said during the therapeutic session (Lloyd 2009). Other than this, the patient speaks on the assumption that what he or she says is confidential, and this assumption must be honored.… [END OF PREVIEW]

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APA Format

Inform Consent.  (2009, March 2).  Retrieved July 21, 2019, from https://www.essaytown.com/subjects/paper/inform-consent/35350

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"Inform Consent."  2 March 2009.  Web.  21 July 2019. <https://www.essaytown.com/subjects/paper/inform-consent/35350>.

Chicago Format

"Inform Consent."  Essaytown.com.  March 2, 2009.  Accessed July 21, 2019.
https://www.essaytown.com/subjects/paper/inform-consent/35350.