Thesis (doctoral)--Universität Erlangen, 1930. / Includes bibliographical references (p. [vii]-xiii).

The study demonstrates that mental health professionals, more specifically psychiatrists and psychologists, conducting psycho-legal assessments in South Africa, play a pivotal role in assisting the courts in ensuring that justice is done. Mental health professionals are involved in numerous matters, ranging from criminal cases, such as conducting psycho-legal assessments regarding criminal capacity, civil proceedings concerning care and contact evaluations, personal injury claims, and many more. In reviewing case law and the complaints lodged with, and rulings made by, the Health Professions Council of South Africa, it is evident that psycho-legal assessments are often problematic. The problems relate to an inadequate level of performance in evaluations and testimony and unethical behaviour. It is argued that the lack of regulation of psycho-legal assessments is one of the main contributing factors in the increasing challenges experienced. The study examines the current regulatory framework regarding psycho-legal assessments in South Africa by first examining the procedural and evidentiary rules that control the admissibility and evaluation of expert testimony, and secondly, the self-regulation by the mental health professions. To address the shortcomings, the regulatory mechanisms in the international context is analysed by turning to the United Kingdom as well as the United States of America. Both jurisdictions have strong ties to South Africa and a rich history concerning regulating psycho-legal assessments and psychological and psychiatric evidence in general. Drawing from the regulatory frameworks in the comparator countries recommendations for the South African context is made. The recommendations take a multi-level approach, focusing on the rules of evidence and other procedural rules within the legal system and self-regulation of mental health professions. / Thesis (LLD)--University of Pretoria, 2020. / Public Law / LLD / Unrestricted

The informed consent doctrine is based on the idea that an individual possesses the right of self-determination and therefore should retain control over his or her own body. For consent to be valid, the patient must have the capacity to consent, and give the consent knowingly, and voluntarily. In defining these terms and developing guidelines for the implementation of the informed consent doctrine, the law has made many assumptions regarding human behavior. Three of these assumptions became the foci of this study. First, the law assumes that minors lack the overall competence necessary to render legally valid consent. Second, it is assumed that the provision of all treatment information will interfere with the individual's ability to provide a valid consent. And finally, it is assumed that physicians disclose treatment information in a neutral fashion. The purpose of this study was to examine the impact of the variables: age, information provided, and professional recommendation in the context of the first two components of the informed consent doctrine, capacity and knowledge. In addition, this study investigated the relationship between these variables and the treatment decision made. Sixty junior high school students and sixty college students were randomly assigned to one of six treatment variations in which the amount of information provided and the professional recommendation varied. The groups in each variation listened to two treatment dilemmas. One involved the problem of depression while enuresis was the topic of the second. The dependent measures included (1) the Capacity Scale, (2) the Knowledge Scale, and (3) the Choice Scale. It was found that adults scored significantly higher on the Capacity and Knowledge Scales than minors. Detailed information did not improve nor decrease subjects' Knowledge Scale scores. In addition, professional recommendation was found to significantly affect treatment choices made by subjects. The results was discussed in relation to the legal assumptions underlying the doctrine of informed consent as well as their implications for future research.

Published Article / Members of society are fast becoming aware of their rights and many practitioners are at risk of losing their licence to practise due to unethical practices. The growing human rights violations commonly seen in vulnerable groups also pose challenges to healthcare workers, such as diagnostic radiographers, who often find themselves in situations where they have to disobey the laws to uphold ethical standards. This paper is a presentation of how ethics, human rights and medical law has been integrated into the undergraduate diagnostic radiography curriculum, and can be applied to other healthcare professions. To alleviate resistance to human rights teachings, I recommend the use of real life examples that are less sensitive 'politically' but true in order to gain the attention and cooperation of the diverse culture of the students.

Thesis (M.A.)--University of South Florida, 2002. / Title from PDF of title page. Document formatted into pages; contains 165 pages. Includes bibliographical references (p. 143-165).

Thesis (Ph. D.)--UCLA, 2009. / Vita. Description based on print version record. Includes bibliographical references (leaves 149-151).

Professionals whose job it is to counsel patients must be cognizant of the role played by communication in the establishment of a trusting working relationship. This is no less true for those within the medical community who must obtain informed consent for surgical interventions than it is for those working within the area of mental health. In order to determine what role communication plays in the obtaining of informed consent within a pediatrics setting, a qualitative study was conducted of 20 surrogates (those individuals giving consent on behalf of legally incompetent children) and of 5 surgeons performing surgical interventions on those children. Two sets of questionnaires were administered in order to elicit information pertaining to how surgeons communicate information to surrogates and to investigate how that information is received and processed by the surrogate. Results showed that while the obtaining of signed informed consent itself may not be a major problem, there are some difficulties in the communication between surgeons and surrogates in this domain. Based on the findings, recommendations for improved communication between surgeons and surrogates are proposed.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

Informed consent is a requirement by law. Informed consent is a two part process: giving the patient sufficient information so that an educated choice can be made and obtaining assent in writing (Coy, 1989; Fiesta 1991; Sweeney, 1991;). The purpose of this study is to determine the ability to recall information and the perception of patients about the process of receiving information after signing a consent to participate in a large research trial. Patients signing consents for participation in the Breast Cancer Prevention Trial were asked to complete the surveys. Thirty three patients were asked to complete the questionnaires. Twenty - four (72%) of the respondents returned the completed questionnaires. Confidentiality will be maintained since no names or identifying markers will be used.A modified Patient Recall Survey (Casselith, Zupkis, Sutton - Smith, & March, 1980) and a modified Consent Form Survey (Casselith et al, 1980) were used. The significance of the study is that the results will assist in improving the type of information given to patients and how that information is provided. By increasing patients awareness about the need for and rights of giving informed consent patients will be more knowledgeable health care consumers. Imogene King(1981) provides the theoretical framework for this study using the concept of perceptions as the basis.The first research question illustrated that the majority of the respondents were able to recall at least three risks or complications of participation in the Breast Cancer Prevention Trial. The second research question revealed eighty - seven percent of the patients agreed that informed consents are necessary. However, 27.8 % of the respondents perceived the informed consent as a legal document to protect the physician rights, while only 19.6 % felt that the consent represented a legal document to protect patient rights. Eighty three percent of the respondents understood that a consent did not have to be signed. However, responses to a second question revealed only 21.3 % understood that the informed consent was a chance to refuse or change treatment. Results to research question 3 illustrated that patients felt that informed consents are necessary. Finally, 79.2 % of patients reported that nurses provided the majority of informed consent information. When patients are able to understand and participate in health care decisions, patients will feel more control in determining outcomes. / School of Nursing

Thesis (Ph. D.)--University of North Texas, May, 2008. / Title from title page display. Includes bibliographical references.