Informed consent and state liability of the Administration

Abstract

Informed consent is a basic right of the patient but also lies as a significant obligation incumbent upon doctors. This informed consent may determine to which extend norms and other applicable medical standards and technique have ben observed. Informed consent, thus, plays crucial role in the assessment of the legal correctnes of the medical staff behaviour. In that sense inobservance of that information duty might displace the burden of proof and also the determination of who assumes the potencial risks, either the doctor or the patient, althong it is true that in addation to the failure of this medical duty, the ocurrence of real damage must be requered. Neverthiless, formalizel conset does not either exoerate doctors in cases of medical ngligence. The aim of this papers is to analyze the requeriments for patients’ consent to be valid, according to its different types and corresponding requisites.