Fundamental Ethical Issues in Informed Consent and Confidentiality

The origins of medical ethics date to antiquity with oaths such as those of Hippocrates (450–380 BCE), Maimonides (1135–1204 CE), and Hammurabi (1792–1750 BCE), among others. Not all oaths agree on the necessity of informed consent. Current medical ethics and legal interpretations of informed consent, however, require physicians to engage the patient in a discussion about the patient’s medical condition and proposed treatments. The goal of this discussion is that the patient makes an informed decision about his or her health care and proposed treatments. Informed consent is not a signature on a document; it is a dialogue with the patient that occurs before the patient signs a consent form. Keeping patient confidences and safeguarding confidential information consistent with the law is required both legally and ethically. 

The materials and information below are presented for user education and for the development of educational activities.

Specific Resources

• Educational Activities
• Presentation - General Overview
• Presentation - Case Study
• Objectives
• Code of Ethics - Informed Consent and Confidentiality
• Ethics Podcast - Informed Consent
• Ethics Learning Plan - Informed Consent 

Related Content

• Advisory Opinion - Delegated Services
• Advisory Opinion - Disclosure of Professionally Related Commercial Relationships and Interests
• Advisory Opinion - Informed Consent
• Advisory Opinion - Learning New Techniques Following Residency
• Advisory Opinion - Live Surgery
• Advisory Opinion - Employment and Referral Relationships between Ophthalmologists and Other Health Care Providers [86-1]
• Advisory Opinion - Release and Confidentiality of Patient Records
• Advisory Opinion - Research and Innovation in Clinical Practice 
• Advisory Opinion - Determining the Need for Medical or Surgical Intervention
• Policy Statement - An Ophthalmologist's Duties Concerning Postoperative Care
• Policy Statement - Ophthalmic Care for patients in Residential Treatment Centers
• Policy Statement - Pretreatment Asessment: Responsibilities of the Ophthalmologist
• Ask the Ethicist – Written Agreement in Comanagement Agreements
• Ask the Ethicist – Complications from Another Surgeon
• Ask the Ethicist - Genetic Testing 
• Ask the Ethicist – Informed Consent of Physician as Patient
• Ask the Ethicist – Multi-focal Lenses
• Ask the Ethicist – When Patients Request Novel Treatments
• Ask the Ethicist - Wrong power IOL
• Ask the Ethicist - Retrospective Chart Review and IRB Oversight 
• AMA CEJA Opinion 5.05. Confidentiality
• AMA CEJA Opinion 8.08, Informed Consent
• OMIC Consent Form Library
• Health Information Privacy, Dept of Health & Human Services