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Informed consent is a technical term first used by attorney, Paul G. Gebhard, in the Salgo v. Leland Stanford Jr. University Board of Trustees court case in 1957. [50] In tracing its history, some scholars have suggested tracing the history of checking for any of these practices: [51]: 54
This case coined the term "informed consent" by emphasizing the need for recognizable and adequate consent. Natanson v. Kline: 1960 This helped establish what was required to be disclosed before a procedure, helping to set the boundaries of informed consent. Negligence could be used in informed consent cases. Cobbs v. Grant: 1972
In adult medical research, the term informed consent is used to describe a state whereby a competent individual, having been fully informed about the nature, benefits and risks of a clinical trial, agrees to their own participation. National authorities define certain populations as vulnerable and therefore unable to provide informed consent ...
Informed consent in this context generally means explaining the study's purpose to research participants and obtaining a signed or verbal affirmation that the study participants understand the procedures to be used and to consent to participate in the study. [22]: 51–55
Silence in these circumstances is incongruous with honesty, or with a genuine belief that there is an informed consent. Accordingly, in such circumstances the issue either of informed consent, or honest belief in it will only rarely arise: in reality, in most cases, the contention would be wholly artificial.
Instead, many practitioners revealed only information that another physician might provide, following a rule known as "the professional standard". Risks, in particular, were often glossed over or omitted entirely. Although the right to consent in medical situations had been recognized for decades, the notion of informed consent was new. [5]
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Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". [1]