Tuesday, April 26, 2011

Milena Velba Pic Sets

liability. Informed Consent.

I still have entries related to the sanitary work and Supreme Court doctrine. Here I will focus on information necessary for the patient, and consent to testing or interventions that involve a risk / benefit balance. Law 41/2002 of 14 November, regulating the basic law of patient autonomy and rights and obligations regarding information and clinical documentation, extending the requirement for informed consent to interventions not only but also diagnostic and therapeutic procedures invaders and, in general, implementation of procedures that involve risks and inconvenience of obvious and predictable negative impact on patient health.

doctrine is constant and repeated of our Court, in the sense that lack of consent is an ad hoc malpractice , but does not give rise to liability per se patromonial if the medical act is not derived from any harm to the appellant, and thus to the lack of damage does not seem relevant to the absence of informed consent or not, or how it is provided. That is, the lack of that information is considered as a manifestation of abnormal functioning of the health service.

is necessary that the document which provides consent for the patient is not just a generic informed consent document, but that suits the necessary specification requirements as to the specific surgical procedure that that patient will undergo, and must explain whether such intervention does not guarantee the full resolution of the condition to suffer. Otherwise it would deprive the decision in exercising their autonomy and personal dignity deems most appropriate. The same applies to diagnostic tests that need to be informed of the risks involved, and the consequences that may arise thereof.

In line with lack of discretion in the implementation of adequate information, serve the Judgement 1209/2011 of the Litigation Division Supreme Court that: " must make clear that the document that records the patient's CI, in particular its unique signature, does not collect any information on the white boxes appear ... However this lack written information have been supplied, so it is said in the resources - through verbal statements, which is not credited in any way but follow from the relationship between patient and physicians who attended her ... not satisfied can be understood appropriate legal requirements of informed consent as it not only lacks any written indication of risks, alternatives and other consequences of the intervention in question could pose to the appellant, but also lack any reasons for the possible existence of appropriate verbal, whose accreditation is for the Authority under constant jurisprudence of this Court, no such justification can be based on guesswork ... "

Well, with all these eyes of mine have been in full S XXI as a guard gives the family the famous piece of paper, while spits them a slang: "... and here I firmly USTE ... "

Things ye shall see!

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