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Appendix to Ethical Guidelines for the Delivery of Health Services by ...

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General Problems <strong>of</strong> Consent. Although <strong>the</strong> requirements <strong>for</strong> consent<br />

are less clear-cut in practice as compared with research, many observers<br />

<strong>of</strong> medical settings agree that in<strong>for</strong>med consent is largely a fiction.<br />

Patients commonly sign consent <strong>for</strong>ms without ei<strong>the</strong>r reading <strong>the</strong>m or<br />

receiving any reasonable explanations as <strong>to</strong> what <strong>the</strong>ir consent involves.<br />

Physicians and o<strong>the</strong>r health pr<strong>of</strong>essionals frequently proceed in <strong>the</strong>ir<br />

work as if no explanations are necessary and as if it would be presumptuous<br />

<strong>for</strong> patients <strong>to</strong> question <strong>the</strong>ir judgment. Most patients are<br />

relatively docile and infrequently challenge <strong>the</strong>se modes <strong>of</strong> behavior<br />

even when <strong>the</strong>y are concerned about <strong>the</strong>m.<br />

These attitudes are so<br />

characteristic <strong>of</strong> medical practice that it is highly unlikely that<br />

<strong>the</strong>y can be successfully regulated without major and costly dislocations<br />

<strong>of</strong> practice patterns. While <strong>the</strong> threat <strong>of</strong> malpractice litigation may<br />

serve as a partial deterrent, it probably affects <strong>the</strong> <strong>for</strong>ms <strong>of</strong> behavior<br />

(such as obtaining a signed consent) more than <strong>the</strong>ir substance (insuring<br />

that <strong>the</strong> patient really understands). A focused approach on improving<br />

procedures <strong>for</strong> obtaining surgical consent would be feasible.<br />

Surgical<br />

consent is <strong>the</strong> area <strong>of</strong> largest risk <strong>of</strong> serious violation and one in<br />

which special protections are essential because <strong>of</strong> <strong>the</strong> patient's inability<br />

<strong>to</strong> protect his own interests during <strong>the</strong> procedure.<br />

VI. Approaches <strong>to</strong> Accountability <strong>for</strong> <strong>Health</strong> Pr<strong>of</strong>essionals<br />

and Institutions in Respect <strong>to</strong> <strong>Ethical</strong> Issues<br />

As I have illustrated in this paper, <strong>the</strong> delivery <strong>of</strong> health care<br />

involves a myriad <strong>of</strong> ethical issues that arise from global health policy<br />

decisions as well as behavior at <strong>the</strong> level <strong>of</strong> survice delivery. Because<br />

<strong>the</strong>se issues arise out <strong>of</strong> conflicts in values or resource limitations,<br />

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