Informed Consent and Ethical Research [BOOK CHAPTER]
Margit Sutrop, Kristi Lõuk
Handbook of Research Ethics and Scientific Integrity
Springer, 2 April 2020; pp 213-232
Abstract
Although today valid informed consent is considered key to ethical research, there is no agreement on what constitutes adequate informed consent. Problems ensue firstly from the circumstance that a principle adopted in one area of inquiry (biomedicine) cannot be extended literally to other areas of science. In addition, new areas of scholarly inquiry and changing research contexts contribute to the emergence of new forms of consent (open, broad, dynamic, meta-consent). A second difficulty derives from an overly narrow understanding of the concept of autonomy, resulting in an absolutizing of individual freedom and choices and relegating more collective values such as reciprocity, responsibility, and solidarity to the background.

In this chapter, we explain the origin of the concept of informed consent, what it consists of, and what forms it can take. We will then analyze what has caused shifts in the understanding of the informed consent principle: how much is due to advancements in science and technology and how much to changing ethical frameworks. Finally, we will show why it is important to develop a contextual approach by taking into account differences in research fields as well as types of research.

Informed Consent and Health: A Global Analysis [BOOK]
Edited by Thierry Vansweevelt and Nicola Glover-Thomas
Global Perspectives on Medical Law Series
Edward Elgar, 1 April 2020
Abstract
Informed consent is the legal instrument that purports to protect an individual’s autonomy and defends against medical arbitrariness. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community.

Subsequent Consent and Blameworthiness
Jason Chen
HEC Forum, 28 March 2020
Abstract
Informed consent is normally understood as something that a patient gives prior to a medical intervention that can render it morally permissible. Whether or not it must be given prior to the intervention is debated. Some have argued that subsequent consent-that is, consent given after a medical intervention-can also render an otherwise impermissible act permissible. If so, then a patient may give her consent to an intervention that has already been performed and thereby justify a physician’s (paternalistic) act retroactively. The purpose of this paper is to argue that even if subsequent consent can render an otherwise impermissible act permissible, doctors are still blameworthy if they rely on it when prior consent could be given, because they would be banking on the justification of their interventions. Since doctors can only guess if patients will consent after the fact, they would be placing their patients at unreasonable risk of being disrespected as persons.