Informed consent of the critically ill patient and drug therapy: legal aspects

Reviews in Health Care

View Publication Info
 
 
Field Value
 
Title Informed consent of the critically ill patient and drug therapy: legal aspects
 
Creator Fresa, Riccardo
 
Subject Clinical Medicine
Informed consent; Professional liability; Medical law
 
Description Legal issues concerning the doctor-patient relationship are numerous, and belong to the wider field of professional liability in health care. This article will be dealt with the issues related to informed consent in patients temporarily unable to express consent, or patients who are in a state of temporary incapacity. If the patients are temporarily incapable, and therefore are not able to receive the information nor to express consent to treatment, the physicians’ duty to provide medical treatment and the patients’ self-determination should be considered: the patients can consent or refuse treatment only if able to understand the significance of their decision. If a patient is temporarily unable to give consent and the practitioner doesn’t have at his/her disposal a valid document reporting the patient’s wishes, it’s necessary to rely on the so called “amministratore di sostegno” (introduced in the Italian legal system by Law n. 6 of January 9th, 2004). But in the case of not deferrable treatment, as a lifesaving intervention, the rule is in dubio pro life meaning that a doctor is always legitimized by this situation of urgent need, regardless of the informed consent of the patient and/or third parties.
 
Publisher SEEd
 
Contributor
 
Date 2013-08-15
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion


 
Format text/html
application/pdf
 
Identifier https://journals.edizioniseed.it/index.php/rhc/article/view/874
10.7175/rhc.v4i2S.874
 
Source Reviews in Health Care; Vol 4, No 2S (2013); 21-30
2038-6702
2038-6699
 
Language eng
 
Relation https://journals.edizioniseed.it/index.php/rhc/article/view/874/982
https://journals.edizioniseed.it/index.php/rhc/article/view/874/983
 
Coverage


 
Rights Copyright (c) 2013 Seed
http://creativecommons.org/licenses/by-nc/4.0
 

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