Disclosure of information in medicine: analysis of judicial cases
Consent expresses a voluntary decision, taken after disclosure of information, to accept treatment considering risks, benefits, and possible consequences. This study analyzed the role of consent forms in decisions by the São Paulo State Court of Justice. Bibliographic search was conducted using the...
| Autores: | , , |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Recursos: | Conselho Federal de Medicina (CFM) |
| Repositorio: | Revista Bioética (online) |
| Idioma: | portugués español inglés |
| OAI Identifier: | oai:ojs.emnuvens.com.br:article/2878 |
| Acesso em linha: | https://revistabioetica.cfm.org.br/revista_bioetica/article/view/2878 |
| Access Level: | acceso abierto |
| Palavra-chave: | Informed consent. Consent forms. Expert testimony. Consentimiento informado. Formularios de consentimiento. Testimonio de experto. Consentimento livre e esclarecido. Termos de consentimento. Prova pericial |
| Resumo: | Consent expresses a voluntary decision, taken after disclosure of information, to accept treatment considering risks, benefits, and possible consequences. This study analyzed the role of consent forms in decisions by the São Paulo State Court of Justice. Bibliographic search was conducted using the keywords “consent form” and “medical error.” The 65 rulings identified were analyzed using Excel. Of the 15 casesin which patients were not presented with a consent form, 12 showed lack of information disclosure. In 31% of the cases, the defendant was found guilty, and most of the plaintiffs who received financial compensation were awarded moral damages. Plastic surgery, gynecology and obstetrics were the branches that most often featured as defendants. The findings attest the relevant role played by the consent form and the medical expert. |
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