The patient’s informed consent – what it means, what it should contain and what are the risks if it lacks Cover Image
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Consimțământul informat al pacientului – ce este, ce ar trebui să conțină și care sunt riscurile în cazul în care lipsește
The patient’s informed consent – what it means, what it should contain and what are the risks if it lacks

Author(s): Vlad Nicolae
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: patient’s informed consent; preliminary disclosure; preliminary disclosure of medical information; obligation of preliminary disclosure; liability for nonperformance of preliminary disclosure

Summary/Abstract: The work herein is meant as an introduction in the matter of patient’s informed consent for medical procedures. It is not meant to be and cannot be an exhaustive analysis of the subject, but rather its purpose is the underlining of several key issues of practical interest both for law practitioners and healthcare providers – what place do preliminary disclosure of medical information and informed consent hold within the structure of healthcare, which information must be part of the preliminary medical disclosure and what may happen when disclosure is lacking or unduly performed. At the same time, this article is an appeal for the importance of disclosure with regards to the healthcare provider’s liability for malpractice. Prior disclosure of material risks is arguably the single most important factor when it comes to the existence and extent of a healthcare provider’s civil liability, and the manner in which it is performed may substantially influence the outcome of a malpractice suite.

  • Issue Year: XIX/2020
  • Issue No: 08
  • Page Range: 428-430
  • Page Count: 3
  • Language: Romanian
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