Psychiatria pre prax 1/2013

Informed consent as an expression of the pacient´s will

The relationship between doctor and patient has certain particularities that distinguish it from other civil relations. Provide health care to the patient‘s consent is a requirement for a doctor to provide it „lege artis“ second most important duty doctor. Will is an essential component of the transaction, and therefore without legal action can arise. Will be given, serious, free and without error. To meet this condition, it is necessary lessons to be himself prevent consent. The lessons to be the explanation of the various alternatives that the current state of medicine to the proposed procedure offers. Most controversy raises the question of what level of detail to be patient informed about the possible risks. The law does not explicitly request a written informed consent form. The written consent form does not necessarily guarantee success, in any proceedings. Relevant legislation will be reflected only entity that has legal personality and is capable of such will occur, e. g. must have legal capacity. Ultimately, the appearance of his patient will not only engage in the treatment process, but determine what is or ever will be. Informed consent is not required when urgent care if can not be obtained informed consent, but can be expected, protective treatment imposed by the court under a special regulation, if it is a person who is a result of mental disease or with symptoms of mental poruchy threat to themselves or others, or if there is a serious deterioration in their health.

Keywords: informed consent, the patient‘s will, instruction, requirements will, form of expression will, essentials person.