RESUMEN
Student involvement in patient care without consent has attracted recent attention in New Zealand. New Zealand's Code of Health and Disability Services Consumers' Rights (Code) gives patients the right to give or refuse consent to participate in clinical teaching, but its practical application to clinical teaching, particularly postgraduate, is unclear. This article explores the history and precedent of the Code and ethical considerations, to inform where amendment to the Code is desirable in the interests of clarity, pragmatism, and to reflect better the legislature's intent.
Asunto(s)
Consentimiento Informado , Nueva Zelanda , Humanos , Consentimiento Informado/legislación & jurisprudencia , Personas con Discapacidad/legislación & jurisprudenciaRESUMEN
New Zealand's Code of Health and Disability Services Consumers'Rights came into force in 1996 after Judge Silva Cartwright's Cervical Cancer Inquiry concluded that a research study into the course of cervical cancer had taken place at National Women's Hospital without the participants' knowledge or consent. The Code creates rights in respect of the provision of health and disability services which explicitly extend to research. However, in the absence of a statutory definition of "research", its meaning and the application of the Code to research in New Zealand are unclear. This article seeks to identify the gaps and find a solution.