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39 Rutgers L. Rev. 425 (1986-1987)
Informed Consent in Psychiatric Research

handle is hein.journals/rutlr39 and id is 433 raw text is: INFORMED CONSENT IN PSYCHIATRIC RESEARCH Loren H. Roth, M.D., M.P.H.* Paul S. Appelbaum, M.D.** Charles W. Lidz, Ph.D.*** Paul Benson, Ph.D.**** William J. Winslade, Ph.D., J.D.***** I. INTRODUCTION In the mid-1980's, the subject of informed consent has become increasingly important for general and forensic psychiatry.' Informed consent is the preeminent means by which psychiatric and other medical patients can secure their rights to full participation in treatment decision- making in therapeutic settings.' Within recent years, informed consent has gained general acceptance as an ethical and legal requirement for enrolling patients-subjects in human experimentation.' The importance of informed consent for human experimentation has been highlighted by societal condemnation of periodic abuses. Vivid * Professor of Psychiatry, University of Pittsburgh School of Medicine. B.A., Cornell University, 1961; M.D., Harvard Medical School, 1966; M.P.H., Harvard School of Public Health, 1972. ** A.F. Zeleznik Professor of Psychiatry, Director of Law and Psychiatry Program, University of Massachusetts Medical School, Worcester, Mass. B.A., Columbia College, 1972; M.D., Harvard Medical School, 1976. *** Professor of Psychiatry and Sociology, University of Pittsburgh School of Medicine. B.A., Yale University, 1967; Ph.D., Harvard University, 1974. **** Assistant Professor of Sociology, Tulane University. B.A., University of California at Santa Cruz, 1973; Ph.D., University of North Carolina at Chapel Hill, 1981. ***** Professor of Psychiatry and Medical Jurisprudence, University of Texas at Galveston. B.A., Monmouth College, 1963; Ph.D., Northwestern University, 1967; J.D., University of California School of Law, 1972; Ph.D., Southern California Psychoanalytic Institute, 1984. This Article is an expanded and updated version of an article originally published in 6 PSYCHIATRIC CLINICS N. AM. 551 (1983). I. See C. LIDz, A. MEISEL, E. ZERUBAVEL, M. CARTER, R. SESTAK & L. ROTH, INFORMED CONSENT: A STUDY OF DECISIONMAKING IN PSYCHIATRY (1984); Meisel, Roth & Lidz, Toward a Model of the Legal Doctrine of Informed Consent, 134 AM. J. PSYCHIATRY 285 (1977). 2. Restructuring Informed Consent: Legal Theoryfor the Doctor-Patient Relationship, 79 YALE L.J. 1533 (1970). 3. R. LEVINE, ETHICS AND REGULATION OF CLINICAL RESEARCH (1981). The requirement that there be informed consent is congruent with the value orientation of Western civilization, which emphasizes societal respect for individual free choice and rational decisionmaking as an intrinsic element of human dignity. See G. ANNAS, L. GLANTZ & B. KATZ, INFORMED CONSENT TO HUMAN EXPERIMENTATION: THE SUBJECT'S DILEMMA (1977).

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