Search results for 'Informed consent (Medical law' (try it on Scholar)

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  1.  11
    Ezekiel J. Emanuel Christine Grady (2008). Is Longer Always Better? Pp. 10-12 HTML Version | PDF Version (111k) Subject Headings: Informed Consent (Medical Law) Commentary. [REVIEW] Hastings Center Report 38 (3):pp. 10-12.
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  2.  32
    Jules Holroyd (2010). Alasdair Maclean, Autonomy, Informed Consent and Medical Law, a Relational Challenge. Journal of Value Inquiry 44 (2):255-262.
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  3. Dennis John Mazur (1998). Medical Risk and the Right to an Informed Consent in Clinical Care and Clinical Research. American College of Physician Executives.
     
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  4. Neil C. Manson (2007). Rethinking Informed Consent in Bioethics. Cambridge University Press.
    Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific (...)
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  5.  56
    Stephen Wear & Jonathan D. Moreno (1994). Informed Consent: Patient Autonomy and Physician Beneficence Within Clinical Medicine. [REVIEW] HEC Forum 6 (5):323-325.
    Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received (...)
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  6.  7
    S. Fovargue & J. Miola (2010). One Step Forward, Two Steps Back? The GMC, the Common Law and 'Informed' Consent. Journal of Medical Ethics 36 (8):494-497.
    Until 2008, if doctors followed the General Medical Council's (GMC's) guidance on providing information prior to obtaining a patient's consent to treatment, they would be going beyond what was technically required by the law. It was hoped that the common law would catch up with this guidance and encourage respect for patients' autonomy by facilitating informed decision-making. Regrettably, this has not occurred. For once, the law's inability to keep up with changing medical practice and standards is not the (...)
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  7.  4
    Don Chalmers & Robert Schwartz (1993). Malpractice Liability for the Failure to Adequately Educate Patients: The Australian Law of “Informed Consent” and Its Implications for American Ethics Committees. Cambridge Quarterly of Healthcare Ethics 2 (3):371.
    At first glance, the first informed consent case to be decided by the High Court of Australia appears to be little more than a clear and simple description of the substantive law accepted in most American jurisdictions - although that is no small accomplishment in and of itself. In Rogers v. Whitaker, the highest court in Australia succinctly and persuasively rejected informed consent as a species of battery law, accepted it as a form, of ordinary professional (...)
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  8.  21
    Joanna Różyńska & Marek Czarkowski (2007). Emergency Research Without Consent Under Polish Law. Science and Engineering Ethics 13 (3):337-350.
    Although Directive 2001/20/EC of the European Parliament and of Council of 4 April 2001 on the approximation of the laws regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use does not contain an exception for emergency situations, and requires the informed consent of a legal representative in all cases where research is conducted on legally competent individuals who are unable (...)
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  9.  31
    Deborah Bowman (2011). Informed Consent: A Primer for Clinical Practice. Cambridge University Press.
    Machine generated contents note: 1. Introduction: why focus on informed consent?; 2. Deciding who decides: capacity and consent; 3. Putting the informed into 'informed consent': information and decision-making; 4. Freedom of expression: the voluntary nature of consent; 5. A patient's prerogative? The continuing nature of consent; 6. Concluding words about consent; Index.
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  10. Sheila McLean (2010). Autonomy, Consent and the Law. Routledge-Cavendish.
    From Hippocrates to paternalism to autonomy : the new hegemony -- From autonomy to consent -- Consent, autonomy, and the law -- Autonomy at the end of life -- Autonomy and pregnancy -- Autonomy and genetic information -- Autonomy and organ transplantation -- Autonomy, consent, and the law.
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  11.  11
    Franklin G. Miller (2008). Research on Medical Records Without Informed Consent. Journal of Law, Medicine & Ethics 36 (3):560-566.
    Observational research involving access to personally identifiable data in medical records has often been conducted without informed consent, owing to practical barriers to soliciting consent and concerns about selection bias. Nevertheless, medical records research without informed consent appears to conflict with basic ethical norms relating to clinical research and personal privacy. This article analyzes the scope of these norms and provides an ethical justification for research using personally identifiable medical information without consent.
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  12.  13
    David B. Annis (1984). Informed Consent, Autonomy, and the Law. Philosophy Research Archives 10:249-259.
    Informed consent to therapy is the legal doctrine which imposes on a physician the duty to explain the nature and risks of a proposed treatment so the patient can make an informed decision whether to undergo the treatment. The doctrine has spawned tremendous controversy in the legal and medical professions.In this paper I examine the doctrine of informed consent as developed by the courts. The thrust of my criticism is that as the doctrine has been (...)
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  13.  27
    Roberta M. Berry (2005). Informed Consent Law, Ethics, and Practice: From Infancy to Reflective Adolescence. [REVIEW] HEC Forum 17 (1):64-81.
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  14.  14
    Thomas May (2004). Social Restrictions on Informed Consent: Research Ethics and Medical Decision Making. HEC Forum 16 (1):38-44.
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  15.  5
    M. D. Perez-Carceles (2002). Informed Consent of the Minor. Implications of Present Day Spanish Law. Journal of Medical Ethics 28 (5):326-326.
    In Spain, any person under the age of 18 is a minor. Generally, minors lack the legal capacity to take legally binding actions because they are deemed incapable of legally binding consent. Spanish civil law recognises, however, that the child, in accordance with the law and being sufficiently mature, may act for himself. It stands, then, that consent, as expressed by the “sufficiently mature” minor, should be legally valid.
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  16.  5
    Gerben Meynen (2010). Free Will and Psychiatric Assessments of Criminal Responsibility: A Parallel with Informed Consent. [REVIEW] Medicine, Health Care and Philosophy 13 (4):313-320.
    In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and that mental disorders can compromise free will. In fact, because of the alleged relationship between the forensic assessment and free will, researchers in forensic psychiatry also consider the (...)
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  17.  8
    Prof Piotr Zaborowski & Adam Górski (2004). Informed Consent and the Use of Placebo in Poland: Ethical and Legal Aspects. [REVIEW] Science and Engineering Ethics 10 (1):167-178.
    The concept of informed consent was one of the most fruitful ideas that deeply changed the relationships between physicians and their patients from paternalism to respect for the personal autonomy of subjects needing professional medical care. The great progress in medicine, also involving the pharmaceutical industry, has created an increasing need to perform different clinical and experimental trials. The evolution of clinical research in the last decades has influenced strongly the design of these studies. One of the most (...)
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  18.  1
    Irma M. Hein, Martine C. De Vries, Pieter W. Troost, Gerben Meynen, Johannes B. Van Goudoever & Ramón J. L. Lindauer (2015). Informed Consent Instead of Assent is Appropriate in Children From the Age of Twelve: Policy Implications of New Findings on Children’s Competence to Consent to Clinical Research. BMC Medical Ethics 16 (1):1-7.
    BackgroundFor many decades, the debate on children’s competence to give informed consent in medical settings concentrated on ethical and legal aspects, with little empirical underpinnings. Recently, data from empirical research became available to advance the discussion. It was shown that children’s competence to consent to clinical research could be accurately assessed by the modified MacArthur Competence Assessment Tool for Clinical Research. Age limits for children to be deemed competent to decide on research participation have been studied: generally (...)
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  19.  50
    Oonagh Corrigan (ed.) (2009). The Limits of Consent: A Socio-Ethical Approach to Human Subject Research in Medicine. Oxford University Press.
    Since its inception as an international requirement to protect patients and healthy volunteers taking part in medical research, informed consent has become the primary consideration in research ethics. Despite the ubiquity of consent, however, scholars have begun to question its adequacy for contemporary biomedical research. This book explores this issue, reviewing the application of consent to genetic research, clinical trials, and research involving vulnerable populations. For example, in genetic research, information obtained from an autonomous research participant (...)
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  20.  3
    August Piper (1994). Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent. Journal of Law, Medicine & Ethics 22 (4):301-313.
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  21.  10
    G. Adshead (1999). Informed Consent in Psychiatry: European Perspectives of Ethics, Law and Clinical Practice. Journal of Medical Ethics 25 (5):428-429.
  22.  5
    A. J. Rosoff (1994). Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent. Journal of Law, Medicine & Ethics 22 (4):314-317.
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  23.  5
    Frederick R. Parker & Charles J. Paine (1999). Informed Consent and the Refusal of Medical Treatment in the Correctional Setting. Journal of Law, Medicine & Ethics 27 (3):240-251.
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  24.  3
    D. Dickenson (1994). Children's Informed Consent to Treatment: Is the Law an Ass? Journal of Medical Ethics 20 (4):205-222.
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  25.  81
    Margaret Brazier & Mary Lobjoit (eds.) (1991). Protecting the Vulnerable: Autonomy and Consent in Health Care. Routledge.
    Protecting the Vulnerable explores the reality of patient control and choice in health care and analyzes how decisions should be made on behalf of those deemed incapable of making decisions. The contributors, distinguished experts from the disciplines of medicine, ethics, theology, and law, look at the complex problem of autonomy and consent in health care and clinical research today from an illuminating perspective--its impact on the vulnerable members of society. The essays move from the exploration of lingering paternalism in (...)
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  26. Franklin G. Miller (2008). Research on Medical Records Without Informed Consent. Journal of Law, Medicine and Ethics 36 (3):560-566.
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  27. Frederick R. Parker & Charles J. Paine (1999). Informed Consent and the Refusal of Medical Treatment in the Correctional Setting. Journal of Law, Medicine and Ethics 27 (3):240-251.
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  28. August Piper (1994). Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent. Journal of Law, Medicine and Ethics 22 (4):301-313.
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  29. Edward P. Richards & Katharine C. Rathbun (1982). A Procrustean Approach to Informed Consent: The Texas Medical Disclosure Panel. Journal of Law, Medicine and Ethics 10 (5):158-164.
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  30. Edward P. Richards & Katharine C. Rathbun (1982). A Procrustean Approach to Informed Consent: The Texas Medical Disclosure Panel. Journal of Law, Medicine & Ethics 10 (5):158-164.
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  31. A. J. Rosoff (1994). Truce on the Battlefield: A Proposal for a Different Approach to Medical Informed Consent. Journal of Law, Medicine and Ethics 22 (4):314-317.
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  32.  1
    Muhammad M. Hammami, Eman A. Al-Gaai, Yussuf Al-Jawarneh, Hala Amer, Muhammad B. Hammami, Abdullah Eissa & Mohammad A. Qadire (2014). Patients' Perceived Purpose of Clinical Informed Consent: Mill's Individual Autonomy Model is Preferred. BMC Medical Ethics 15 (1):2.
    Although informed consent is an integral part of clinical practice, its current doctrine remains mostly a matter of law and mainstream ethics rather than empirical research. There are scarce empirical data on patients’ perceived purpose of informed consent, which may include administrative routine/courtesy gesture, simple honest permission, informed permission, patient-clinician shared decision-making, and enabling patient’s self decision-making. Different purposes require different processes.
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  33.  36
    Jerry Menikoff (2006). What the Doctor Didn't Say: The Hidden Truth About Medical Research. Oxford University Press.
    Most people know precious little about the risks and benefits of participating in a clinical trial--a medical research study involving some innovative treatment for a medical problem. Yet millions of people each year participate anyway. Patients at Risk explains the reality: that our current system intentionally hides much of the information people need to make the right choice about whether to participate. Witness the following scenarios: -Hundreds of patients with colon cancer undergo a new form of keyhole surgery at leading (...)
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  34. José Miola (2007). Medical Ethics and Medical Law: A Symbiotic Relationship. Hart.
    Introduction -- Historical perspectives of medical ethics -- The medical ethics Renaissance: a brief assessment -- Risk disclosure/'informed consent' -- Consent, control and minors: Gillick and beyond -- Sterilisation/best interests: legislation intervenes -- The end of life: total abrogation -- Medical ethics in government-commissioned reports -- Conclusion.
     
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  35.  19
    Mark J. Cherry & H. Tristram Engelhardt (2004). Informed Consent in Texas: Theory and Practice. Journal of Medicine and Philosophy 29 (2):237 – 252.
    The legal basis of informed consent in Texas may on first examination suggest an unqualified affirmation of persons as the source of authority over themselves. This view of individuals in the practice of informed consent tends to present persons outside of any social context in general and outside of their families in particular. The actual functioning of law and medical practice in Texas, however, is far more complex. This study begins with a brief overview of the (...)
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  36.  11
    Richard J. Veerapen (2007). Informed Consent: Physician Inexperience is a Material Risk for Patients. Journal of Law, Medicine & Ethics 35 (3):478-485.
    This paper examines the case for an expanded interpretation of the concept of “material risk” such that it necessitates voluntary disclosure of physician inexperience with a specific medical procedure. Informed consent law in the United States, Canada, and most commonwealth jurisdictions has become a driver of standards of risk disclosure by physicians during the informed consent process. The legal standard of risk disclosure expected of a physician hinges on the interpretation of the entity called “material risk.” (...)
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  37.  18
    Jan C. Joerden (2004). Placebo and Criminal Law. Science and Engineering Ethics 10 (1):65-72.
    This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between cases of individual therapy and cases of supervised experiments within the scope of medical tests. Thereby, it reveals that a medication of placebo with regard to an individual patient seems to be lawful if there is no alternative possibility of a better treatment using a chemically effective medicine and if the limits of presumed (...)
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  38.  6
    M. D. Kirby (1983). Informed Consent: What Does It Mean? Journal of Medical Ethics 9 (2):69-75.
    The editorial in the September 1982 issue of this journal and many articles before and since have addressed the problem of informed consent. Is it possible? Is it a useful concept? Is there anything new to be said about it? In this article the basic rationale of the rule (patient autonomy) is explained and the extent of the rule explored. Various exceptions have been offered by the law and an attempt is made to catalogue the chief of these. (...)
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  39.  10
    D. Schmitz (2006). Informed Consent in Neurosurgery--Translating Ethical Theory Into Action. Journal of Medical Ethics 32 (9):497-498.
    Objective: Although a main principle of medical ethics and law since the 1970s, standards of informed consent are regarded with great scepticism by many clinicans.Methods: By reviewing the reactions to and adoption of this principle of medical ethics in neurosurgery, the characteristic conflicts that emerge between theory and everyday clinical experience are emphasised and a modified conception of informed consent is proposed.Results: The adoption and debate of informed consent in neurosurgery took place in two (...)
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  40.  1
    H. Ikegaya (2006). Does Informed Consent Exempt Japanese Doctors From Reporting Therapeutic Deaths? Journal of Medical Ethics 32 (2):114-116.
    The Japanese Medical Act section 21 states that doctors must report unnatural deaths to the police, even though the term “unnatural death” is not defined by law. However, many doctors are reluctant to report potential therapeutic deaths . The Japanese Society of Legal Medicine has submitted guidelines for unnatural death, including PTD. These define a PTD as an unexpected death, the cause of which is unknown, but which is potentially related to medical practice. Such deaths are “reportable” to the coroner (...)
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  41.  81
    Tom L. Beauchamp (2011). Informed Consent: Its History, Meaning, and Present Challenges. Cambridge Quarterly of Healthcare Ethics 20 (04):515-523.
    The practice of obtaining informed consent has its history in, and gains its meaning from, medicine and biomedical research. Discussions of disclosure and justified nondisclosure have played a significant role throughout the history of medical ethics, but the term “informed consent” emerged only in the 1950s. Serious discussion of the meaning and ethics of informed consent began in medicine, research, law, and philosophy only around 1972.
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  42.  5
    Philip Bielby (2005). The Conflation of Competence and Capacity in English Medical Law: A Philosophical Critique. [REVIEW] Medicine, Health Care and Philosophy 8 (3):357-369.
    Ethical and legal discourse pertaining to the ability to consent to treatment and research in England operates within a dualist framework of “competence” and “capacity”. This is confusing, as while there exists in England two possible senses of legal capacity – “first person” legal capacity and “delegable” legal capacity, currently neither is formulated to bear a necessary relationship with decision-making competence. Notwithstanding this, judges and academic commentators frequently invoke competence to consent in discussions involving the validity of offering (...)
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  43.  34
    Ari Joffe, Joe Carcillo, Natalie Anton, Allan deCaen, Yong Han, Michael Bell, Frank Maffei, John Sullivan, James Thomas & Gonzalo Garcia-Guerra (2011). Donation After Cardiocirculatory Death: A Call for a Moratorium Pending Full Public Disclosure and Fully Informed Consent. [REVIEW] Philosophy, Ethics, and Humanities in Medicine 6 (1):17-.
    Many believe that the ethical problems of donation after cardiocirculatory death (DCD) have been "worked out" and that it is unclear why DCD should be resisted. In this paper we will argue that DCD donors may not yet be dead, and therefore that organ donation during DCD may violate the dead donor rule. We first present a description of the process of DCD and the standard ethical rationale for the practice. We then present our concerns with DCD, including the following: (...)
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  44.  10
    Pablo Rodríguez Del Pozo & Joseph J. Fins (2008). Islam and Informed Consent: Notes From Doha. Cambridge Quarterly of Healthcare Ethics 17 (3):273-279.
    Informed consent is a perennial topic in bioethics. It has given the field a place in clinical practice and the law and is often the starting point for introductory instruction in medical ethics. One would think that nearly everything has been said and done on this well-worn topic.
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  45.  14
    Pablo Rodríguez Del Pozo & Joseph J. Fins (2008). Islam and Informed Consent: Notes From Doha. Cambridge Quarterly of Healthcare Ethics 17 (3):273-279.
    Informed consent is a perennial topic in bioethics. It has given the field a place in clinical practice and the law and is often the starting point for introductory instruction in medical ethics. One would think that nearly everything has been said and done on this well-worn topic.
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  46. Norman Howard-Jones & Zbigniew Bańkowski (eds.) (1979). Medical Experimentation and the Protection of Human Rights: Proceedings of the Xiith Cioms Round Table Conference, Cascais, Portugal, 30 November-1 December, 1978. [REVIEW] Who Publications Centre [Distributor].
  47.  1
    Wim Pinxten, Herman Nys & Kris Dierickx (2008). Regulating Trust in Pediatric Clinical Trials. Medicine, Health Care and Philosophy 11 (4):439-444.
    The participation of minors in clinical trials is essential to provide safe and effective medical care to children. Because few drugs have been tested in children, pediatricians are forced to prescribe medications off-label with uncertain efficacy and safety. In this article, we analyze how the enrollment of minors in clinical trials is negotiated within relationships of mutual trust between clinicians, minors, and their parents. After a brief description of the problems associated with involving minors in clinical research, we consider how (...)
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  48.  5
    Stefania Negri (ed.) (2012). Self-Determination, Dignity and End-of-Life Care: Regulating Advance Directives in International and Comparative Perspective. M. Nijhoff Pub..
    By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy ...
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  49. William F. Doverspike (1999). Ethical Risk Management: Guidelines for Practice. Professional Resource Press.
  50.  3
    Thierry Martin & Pierre-Yves Quiviger (eds.) (2007). Action Médicale Et Confiance. Presses Universitaires de Franche-Comté.
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