The text book for this question is, Law and the mental health system: Civil and criminal aspects. The chapter is chapter 4 informed consent. I need some help gaining a better understanding of the following:
1.Duty to disclose "material". . .
c. alternative treatments
2. Breach - failure to disclose or inadequate disclosure
3. Causation - undisclosed information would have caused patient to forgo treatment
4. Damages - physical (and perhaps psychological) injury caused by the treatment, even if treatment is not negligently performed (and even if patient would have gotten worse without treatment)?
a. emergency (rarely applicable in mental health treatment situations, as opposed to medical trauma cases)
b. incompetency, unconsciousness
c. therapeutic exceptions in some jurisdictions (i.e., risks that information will be psychiatrically harmful
d. patient "waiver" in some jurisdictions (i.e., patient should have known of risks or patient indicated he/she didn't want to know of them).
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The American Psychological Association (APA, 2002) ethical codes and the Health Insurance Portability and Accountability Act (HIPAA, 2003) provide guidelines, and regulations for conducting research when human subjects are involved. The chapter, Informed Consent to Participate in Research" is focused on the treatment of human participants in research. For instance, psychologists under the guidance of APA ethics codes, and the federal regulations of the Health and Human Services (HHS) governing HIPAA rules must be aware of the enforceable standards, rules and regulations requiring consent of patient information. In addition, they must also understand and adhere to requirements as to when it is permissible to disclose data. As delineated in the chapter, "Informed Consent to Participate in Research" the following rules and regulations apply, and are aimed at protecting the privacy and confidentiality of clients. For instance, the following enforceable standards address Informed consent from the perspective of the APA ethics codes.
(a) Standard 3.10 (APA, 2002) states that psychologists conduct research, provide therapy or counseling either in person or by electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person... except when conducting such activities without consent is mandated by law or governmental regulation.
(b) 8.02 Informed Consent to Research
When obtaining informed consent as required in Standard 3.10, Informed Consent, psychologists inform participants about (1) the purpose of the research, expected duration and procedures; (2) their right to decline to participate and to withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for ...
Duty to warn and informed consent-ethical considerations in all fields is discussed.