Informed Consent

News & Analysis as of

The Evolution of Informed Consent in U.S. Courts [Video]

Learn about the history of how informed consent has been handled by our court system - 202-742-1500. We also invite you to read more about the landmark case, Canterbury v. Spence:...more

Palliative care – navigating the difficult path of informed consent

Medical practitioners are placed in a difficult position when close family members disagree about the treatment that should be provided to a loved one who is no longer capable of making his or her own decisions. ...more

The FDA’s Informed Consent Draft Guidance: Insights and Challenges for IRBs, Clinical Investigators and Sponsors

On July 15, 2014, the FDA released a draft guidance document (“Guidance”), proposing recommendations to Institutional Review Boards (IRBs), clinical investigators and research sponsors relating to the informed consent process...more

What patients misunderstand about their right of informed consent [Video]

Many patients misunderstand what "informed consent" is all about. They often believe it's about signing a form ahead of surgery that acts as a waiver against any rights they may have for legal recourse if the surgery goes...more

Federal Court Holds Manufacturer of Investigational Drug and Medical Device Responsible for Clinical Trial Investigator’s...

In a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a...more

Chiropractic Stroke: Informed Consent [Video]

Medical malpractice attorney, Brandon Thompson, discusses informed consent as it relates to chiropractic treatment and the risk of stroke....more

Foley Hoag Authors Good Practice Note on Indigenous Peoples’ Rights and Free, Prior, and Informed Consent

The U.N. Global Compact recently released a Good Practice Note on Indigenous Peoples’ Rights and the Role of Free, Prior, and Informed Consent (“FPIC”) authored by Amy Lehr, an associate in Foley Hoag’s Corporate Social...more

European Union Negotiations Reach Agreement on New Clinical Trials Regulation

The European Union (“EU”) has cleared the way for adoption of a new clinical trials regulation within the EU. On December 20, 2013, the Committee of Permanent Representatives of the European Union endorsed proposed revisions...more

FTC Reaches $32.5 Million Settlement Agreement with Apple, Inc. Over Deceptive Billing Practices in Mobile Apps for Children

The Federal Trade Commission announced its sizeable settlement agreement with Apple, Inc. on Wednesday, over allegations that the company had violated Section 5 of the Federal Trade Commission Act by billing consumers...more

Agricultural Sector Companies Face Increased Scrutiny on Human Rights-Related Risks

Agricultural sector companies, and companies with large agricultural supply chains, face new scrutiny from investors and other stakeholders concerning human rights-related risks in their corporate supply chains. Key issues...more

Controversial U.S. Medical Study Raises Informed Consent Questions

The recent controversy surrounding a study of newborn babies in universities across the United States demonstrates the importance of compliance with human subject protection regulations in medical research....more

Broad Advance Waivers of Future Conflicts and Galderma

Lawyers sometimes doubt the effectiveness of advance waivers of future conflicts, particularly when the waiver is broad and does not specify potential adverse parties or representations. The recent trend nationally, however,...more

Peer Review/Medical Staff Concerns in Telemedicine Practice

Originally published in American Health Lawyers Association's MedStaff News - November 2012. Much ink has been spilled over the last several years concerning the growth of telemedicine. Taking advantage of high-tech...more

Web-tracking Software Company Settles FTC Charges on Personal Data

A web analytics company, Compete Inc., has agreed to settle Federal Trade Commission (FTC) charges that it violated federal law by using its web-tracking software to collect consumers’ personal data without sufficient...more

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