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waiver

English translation: Based on my experience,

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04:23 Nov 10, 2003
English to English translations [PRO]
Medical / informed consent form
English term or phrase: waiver
I have come across this paragraph at the bottom of an informed consent form for a medical procedure.

Could someone explain to me whether there any legal implications other than the obvious ones? Is the patient simply choosing not to be informed? Would anyone have any insights as to what could compel a patient to waive their right to be informed?

Thanks much!


***I consent to the procedure herein described, but full and completely waive my right to be informed of the information specified above and request that such information not be disclosed: Yes No

The reason(s) I waive my right to be informed:***
Susana Galilea
United States
Local time: 02:29
English translation:Based on my experience,
Explanation:
...some medical institutions feel that such a paragraph would cover theoretical situations where the patient may be averse to the concept of informed consent, for one reason or another.

I was a member of the Clinical Ethics Committe at the University of Texas M.D. Anderson Cancer Center for three years. In some of our discussions about the principle of autonomy, and especially about some disturbing instances of failure to follow the standard procedures in this regard, some members voiced some opinions about cultural differences regarding such ethical principles as truth-telling, autonomy, informed consent, and so on. These members were of the opinion that such concepts were of a Western origin or had taken shape within the Western tradition and that imposing them on everybody may be a case of paternalism or, as they called it, cultural arrogance.

At M.D. Anderson, such nonsense about informed consent being "Western" never managed to be the majority opinion, so such paragraphs were not added to consent forms. But I imagine that at some other institutions, such ideas may have found their way to consent forms.
Selected response from:

Fuad Yahya
Grading comment
Thanks to all for your answers. This sounds like the most plausible answer given the context, although I have yet to find out what the reasons behind this waiver are. Obviously the patient can choose whether or not to agree to this stipulation, otherwise I would have been even more concerned. The query was for my own personal education, as this is a translation assignment completed through an agency. I will try to find out more.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4It would depend on what the medical procedure is.Refugio
4 +2this is probably a double-blind studyxxxsarahl
5 +1Based on my experience,Fuad Yahya
1privacy concerns
Maria Danielson


Discussion entries: 1





  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
this is probably a double-blind study


Explanation:
the patient will not know which drug (or placebo) he's receiving to prevent a bias on his part.

xxxsarahl
Local time: 00:29
Native speaker of: Native in FrenchFrench
PRO pts in pair: 51

Peer comments on this answer (and responses from the answerer)
agree  Rusinterp: maybe the asker should ask a lawyer, too, before giving up his rights
1 min
  -> thanks!

agree  chopra_2002
11 hrs
  -> thanks!
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9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
It would depend on what the medical procedure is.


Explanation:
One that comes to mind is an amniocentesis, where a patient might only want partial results revealed, waiving the right to know, for example, the sex of the fetus. But in order to make sense of it, one would need to know the nature of the medical procedure, and that is legally private.

--------------------------------------------------
Note added at 2003-11-10 13:15:26 (GMT)
--------------------------------------------------

It would also depend on what \"the information specified above\" might be. My instinct is, when in doubt, don\'t waive any rights, or at he very least, insist that it be explained to you before you will consent to the procedure.

--------------------------------------------------
Note added at 2003-11-10 16:23:23 (GMT)
--------------------------------------------------

Based on your clarification, Susana, it sounds very much as though there may be legal ramifications. I would tread very carefully here, consulting and making inquiry at least to the client and maybe to Legal Aid as well. Is it for a hospital? A prison? A private clinic? You don\'t want to be a part of anything unethical.

Refugio
Local time: 00:29
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 485

Peer comments on this answer (and responses from the answerer)
agree  RHELLER: you make a good point (genetic testing in the future also)
2 hrs
  -> Thank you, Rita, and there are other possibilities as well

agree  jerrie
4 hrs
  -> Thank you, Jerrie

agree  melayujati
6 hrs
  -> Thank you, metayujati

agree  chopra_2002: yup!
11 hrs
  -> Thank you, langclinic
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11 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
Based on my experience,


Explanation:
...some medical institutions feel that such a paragraph would cover theoretical situations where the patient may be averse to the concept of informed consent, for one reason or another.

I was a member of the Clinical Ethics Committe at the University of Texas M.D. Anderson Cancer Center for three years. In some of our discussions about the principle of autonomy, and especially about some disturbing instances of failure to follow the standard procedures in this regard, some members voiced some opinions about cultural differences regarding such ethical principles as truth-telling, autonomy, informed consent, and so on. These members were of the opinion that such concepts were of a Western origin or had taken shape within the Western tradition and that imposing them on everybody may be a case of paternalism or, as they called it, cultural arrogance.

At M.D. Anderson, such nonsense about informed consent being "Western" never managed to be the majority opinion, so such paragraphs were not added to consent forms. But I imagine that at some other institutions, such ideas may have found their way to consent forms.

Fuad Yahya
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in pair: 893
Grading comment
Thanks to all for your answers. This sounds like the most plausible answer given the context, although I have yet to find out what the reasons behind this waiver are. Obviously the patient can choose whether or not to agree to this stipulation, otherwise I would have been even more concerned. The query was for my own personal education, as this is a translation assignment completed through an agency. I will try to find out more.

Peer comments on this answer (and responses from the answerer)
agree  Refugio: You are right, Fuad. It is just the reverse. NOT telling the patient the truth, or not obtasining informed consent, is much more arrogant and probably self-serving than the other way around!
11 hrs
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8 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
privacy concerns


Explanation:
I wonder if some patients might not choose not to know the information to prevent others from knowing as well. The information "will not be disclosed" if the patient signs, i.e. there is no chance that an insurance company could get their hands on private info.

Maria Danielson
United States
Local time: 03:29
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 20
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