consent

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consent

 [kon-sent´]
in law, voluntary agreement with an action proposed by another. Consent is an act of reason; the person giving consent must be of sufficient mental capacity and be in possession of all essential information in order to give valid consent. A person who is an infant, is mentally incompetent, or is under the influence of drugs is incapable of giving consent. Consent must also be free of coercion or fraud.
informed consent consent of a patient or other recipient of services based on the principles of autonomy and privacy; this has become the requirement at the center of morally valid decision making in health care and research. Seven criteria define informed consent: (1) competence to understand and to decide, (2) voluntary decision making, (3) disclosure of material information, (4) recommendation of a plan, (5) comprehension of terms (3) and (4), (6) decision in favor of a plan, and (7) authorization of the plan. A person gives informed consent only if all of these criteria are met. If all of the criteria are met except that the person rejects the plan, that person makes an informed refusal.

In nonemergency situations, written informed consent is generally required before many medical procedures, such as surgery, including biopsies, endoscopy, and radiographic procedures involving catheterization. The physician must explain to the patient the diagnosis, the nature of the procedure, including the risks involved and the chances of success, and the alternative methods of treatment that are available. Nurses or other members of the health care team may be involved in filling out the consent form and witnessing the signature of the patient or the parent or guardian, if the patient is a minor. In medical research, the patient must be informed that the procedure is experimental and that consent can be withdrawn at any time. In addition, the person signing the consent form must be informed of the risks and benefits of the experimental procedure and of alternative treatments.

consent

Agreement to an action based on knowledge of what the action involves and its likely consequences.

consent

Medtalk A voluntary yielding of a person's free will to another. See Informed consent, Presumed consent.

consent

The implicit or explicit agreement to medical or surgical treatment or physical examination. Civil rights against personal interference are retained, however, and anything done against a person's will may be deemed an assault in law.

consent 

A voluntary approval from a person to be examined, treated or subjected to any test undertaken upon them. Consent must be obtained prior to any such intervention.
References in periodicals archive ?
This is because such a region would be one in which another individual neither has nor lacks a duty to a consenter and this intuitively seems incoherent.
Professor Ross proposes a focus on the point of view of the consenter rather than on the reasonableness of the police action.
On the one hand, as a consenter, Maggie made very clear that digital projects are not required and should not "take over" a class.
The consenter may change her mind after the moment of passion has
control of private-school owners, and thus set them up as consenters
If police officers tell a subject of a search that they are in the process of getting a search warrant, or will be applying for a search warrant to search her home and then ask for consent, it seems that the case would be similar to Bumper, in that "when a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search." (24) Surprisingly, courts have not held that Bumper invalidates consent when an officer informs the consenter that he will obtain a search warrant.
This defense of good government theory, however, sidesteps the fact that, even with unjust background conditions, the requirement of consent to legitimate state authority still increases the autonomy of the consenters, and thus serves the fundamental values of liberalism.
177 (1990), held that a "reasonable" belief in the consenter's authority would be enough to validate the consent.
Thus, courts would give careful and considerable attention to the background of the consenter and whether his prior personal experience or group cultural experience with the police may have affected the decision to consent.
The current state of search and seizure law does nothing to help the deceived consenter. The Supreme Court neglected to address the problem of limited consent searches in its most recent explication of the plain view doctrine.(16) A plurality of the Court in the 1971 case Coolidge v.
177, 188 (1990), rather than requiring that the consenter had actual authority to and/or actually did, consent.
The Court considered the constitutionality of placing listening devices on the outside of a telephone booth to monitor a suspect's conversation.(29) In upholding this search, the Court in Katz noted that "the Fourth Amendment protects people, not places[, but w]hat a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection."(30) Thus, the Court concluded that one should not simply consider where the search took place but also the relationships among the consenter, the searcher, and the defendant.(31)