Medical civil responsibility for the incompleteness of the free and informed consent form

• Autor(a) principal: Nascimento, Júlia Gaioso
• Data de Publicação: 2023
• Outros Autores: Espolador, Rita de Cássia Resquetti Tarifa, Crivilim, Beatriz Vieira Muchon
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/46310
• topic: Responsabilidade Civil; Dever de Informar; Termo De Consentimento Livre e Esclarecido; Incompletude.; Civil responsibility. Duty to inform. Free and informed consent form. Incompleteness.

This article deals with the institute of “Civil Responsibility”, with a focus on the medical field. Informed consent consists of previously informing the patient about the medical practice, so that he can express his will freely, after due clarifications. The obstacle occurs when the Term of Free and Informed Consent (TCLE) is incomplete, as it generates legal consequences, and the big question is to define whether this TCLE should be characterized as damage to a personality right. To prepare this work, the deductive method was used, which corresponds to the discursive extraction of knowledge from general premises applicable to concrete cases. The institute of informed consent will be analyzed, especially the TCLE, to apply in the general premise of a doctor-patient relationship. The aim is to arrive at its applicability, with regard to its consequences in the sphere of civil liability. The techniques employed will be a survey of bibliographies, judgments and legislation. In addition to the historical method, which is based on the origin and transformation of the institute presented, analyzing the origin and historical evolution of informed consent and medical civil liability. The institute of civil liability in the medical sphere will be analyzed, seeking its roots in antiquity until it reaches the contemporary world.