Informed Consent
Patients have the right to receive clear and sufficient information to decide about their treatment. Lack of, or defects in, informed consent may give rise to liability, particularly for violation of the right to self-determination.
Informed consent requires explaining the diagnosis, purpose of treatment, typical and relevant risks, reasonable alternatives and consequences of not being treated, in terms the patient can understand and with time to ask questions and decide.
Liability does not depend solely on the outcome of the intervention, but on whether the patient genuinely had the opportunity to accept or refuse the procedure knowing the risks. Even where technique is correct, moral damage may exist due to loss of opportunity to decide.
This right is especially important in surgical interventions, invasive treatments or procedures with significant risks, where written consent is usually required in addition to verbal explanations.
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Frequently Asked Questions
Yes. Signature alone is not enough: consent must be informed. If relevant risks were not explained or there was no opportunity to ask questions, a defect in information may be found with possible compensatory consequences.
If the complication was a typical and foreseeable risk that should have been communicated and was not, there may be loss of opportunity to choose another option or refuse the procedure, which can give rise to liability even if the technique was correct.
In general, written consent is required for surgical interventions and invasive procedures. Verbal consent may be valid for minor treatments, but prior information must always exist.
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