The civil liability in free and informed consent
Main Article Content
Abstract
Free and informed consent has the essential role of safeguarding the dignity of the human person and safeguarding the patient's existential rights, in addition to embracing the vulnerability of those undergoing medical-hospital treatment, enshrining the humanization of medicine. In this context, the objective of this article is to shed light on the main aspects of free and informed consent capable of affecting the doctor's civil liability. Along this path, we seek to answer the following questions: Who should inform? Is this a delegable duty? What to report? Where? When? Is there a duty to advise? Who to inform? Although they seem like simple and common questions, they deserve attention because they constitute practical questions, in the incessant search for effective protection of dignity, in everyday medical care situations. Finally, it must be clarified that informed consent can lead to success or civil liability. On the one hand, it can become an excellent defense resource for the doctor, as the record, whether in the patient's medical record or in the Free and Informed Consent Form (TCLE), constitutes an important means of proof to demonstrate compliance with the duty of inform and obtain consent. However, on the other hand, if the duty to inform in any of its aspects is breached, the doctor may be liable for damages incurred by the patient