By Lynnette Martinez ’25
When people are asked what informed consent is, most people would say that it’s a simple agreement or disagreement about something, but that’s not always the case. Aaron Fink states that “ Informed consent is not just the signing of a form. Informed consent is about a thorough process of communication between patient and provider. (Weiner)” Informed consent became an issue in the early 20th century in cases such as Henrietta Lacks’. Henrietta had a cancerous tumor, full of immortal cells in her body, better known as HeLa cells. Meaning, these cells kept duplicating in Henrietta Lacks by the day. These cells were removed from her body for testing, and without her knowledge were kept in a laboratory for scientists to experiment with. HeLa cells have since been the main cause of many different scientific discoveries. Sadly, Henrietta died before she was aware of her cells being taken without her knowledge. Raising the question of whether or not the Lacks family should receive any cut from the money made.
In the case of Moore v. Regents of the University of California, Moore claimed that he deserved some sort of compensation for the research being done on his cells. The Supreme Court ruled that Moore did not have any “property interest” in his cells, and if he were to get compensation for the cells it would interfere with scientific research by “restricting access to the necessary raw materials” (Truog). SCOTUS also stated that by compensating Moore, it might “ destroy the economic incentive to conduct important medical research.” Because of this court case ruling, scientists or labs are not required to compensate patients for their cells.
In the year 578, the term informed consent was not yet defined or studied. Doctors resisted treating Justin II, the emperor of Byzantium. Justin II was in a brutal condition begging for doctors to operate, but doctors hesitated for fear of punishment if they failed to help him. So, doctors asked Justin II to hand them the scalpel they would use as a sign of his consent (Weiner).
As time went on, the concept of informed consent has only gotten more complex. Justice Benjamin Cardozo stated that “Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient’s consent commits an assault, for which he is liable in damages” (Shah et al). But what does informed consent really mean?
Informed consent is given when the doctor informs the patient about everything that will occur during medical treatment, including the risks, benefits, and other options (Weiner). When a patient is unconscious, doctors need informed consent from their surrogates. A valid surrogate would be the spouse, parent, or an immediate family member (“Healthcare Decisions for Incapacitated Patients – Markkula Center for Applied Ethics”). When no one is available to give informed consent, doctors may do what they deem necessary to keep the patient alive (“AMA Code of Medical Ethics Opinions on Consent, Communication & Decision Making”).
The concept of informed consent seems less complex now, right? Let me inform you of a few more facts.
When people hear the term “informed consent” they don’t take into consideration the age requirement to give it. Turns out, you have to be older than the age of 17 to give informed medical consent (“AMA Code of Medical Ethics Opinions on Consent, Communication & Decision Making”) Weird right? Who would’ve thought that you needed an age requirement to give informed medical consent, but it’s true. Children under the age of 17 can’t give informed permission. Sounds like the same thing but it’s not, let me explain. Informed permission needs to be given by the patient’s parent/guardian in order for the doctor to begin any treatments on the patient. The only exception to this is if the child is legally emancipated, under 18 and married, is serving in the military, they proven financial independence, and or is a mother.
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