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Getting Informed Consent-More Than Just a Signature

By: Pollack, Daniel | Policy & Practice, June 2004 | Article details

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Getting Informed Consent-More Than Just a Signature


Pollack, Daniel, Policy & Practice


A 72-year-old woman developed gangrene in her feet after prolonged exposure to cold weather. With no relatives or friends to consult, she refused medical advice to have her feet amputated, a life-saving operation. Eventually, social workers for the Department of Human Services brought a court order to force the woman to have the operation. What considerations and procedures did they follow to obtain the woman's consent or to decide to override her decision?

Justice Benjamin Cardozo wrote in an early landmark case, "Every human being of adult years and sound mind has a right to determine what shall be done with his own body ..." (Schloendroff v. Society of New York Hospitals, …

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