Termo de consentimento informado: a visão dos advogados e tribunais

Abstract

RESUMO:Godinho AM, Lanziotti LH, Morais BS -Termo de Consentimento Informado: a Visão dos Advogados e Tribunais. JUSTIFICATIVA E OBJETIVOS: Nos últimos anos, houve no

Termo de consentimento informado: entendimento do paciente cirúrgico

“…The text should conform to the intellectual level of the population served; in the case of Brazil, it must not exceed the level of primary education. (16) As for clarification of doubts and the opportunity to ask questions related to the FICF and the surgical procedure, in this study, there was an association in relation to the study time and professional informant (p<0.0001), showing that the higher the level of education of the patient, the lower the level of doubt. It is notable that the majority of respondents had an intermediate or higher level of education, which explains the high level of understanding of the FICF among the patients surveyed.…”

A moralidade das intervenções cirúrgicas com fins estéticos de acordo com a bioética principialista

“…It informs patients of the discomforts, potential risks and expected benefits, alternative methods of diagnosis or treatment, side effects and specific complications. Such a document is mandatory and the form is written clearly to detail accountability of predictable failures and should apply irrespective of the magnitude of intervention 18 . The informed consent document is the right means for the patient to express their will and to become aware of what can and will happen during a procedure or surgery.…”

“…The patient must fill and sign the form, in order to certify their competence and ability to understand and consent to its contents. Moreover, it has to be backed up by verbal information that is sufficient, clear and appropriate, so that the patient can understand the information in its entirety 18 . According to Teresa Ancona Lopez, the duty to inform is one of the duties attached to objective good faith.…”

Trauma e transfusão sanguínea precoce: o desafiante manejo de hemorragias em Testemunhas de Jeová.

“…According to this system, the refusal of transfusions constitutes a rule of conduct to be observed, even if society ignores or belittles it19 . This positioning is valid only as long as there is no risk of impending death associated with the patient's condition[15][16][17][18][19] .If there is risk of death, the border of the autonomy of the patient's will ends and the autonomy of the doctor's duty to act begins20 . Aspreviously stated, to constrain the patient to accept a therapeutic measure with which he (she) does not agree, being under a condition in which he (she) becomes vulnerable, is a crime, with the exception directly related to the medical practice, defined in the 3 rd paragraph of the aforementioned article 146 (Penal Code): "It is not understood in the provision of this article: the medical or surgical intervention without the patient's consent or his (her) legal representative's consent, if justified by an imminent risk of death.".…”

“…It is believed that this autonomy should be exercised in its entiretywithout prejudicing the rights of third parties, even authorizing the individual to refrain from receiving the medical care he (she) needs for reasons of religious belief 14 . This may be visualized in the context of the denial of blood transfusion in Jehovah's Witnesses, and, beyond, in the hospital context in general, since the physician should, whenever possible, abide by what his (her) patient decides, respecting his (her) autonomy 15 .It is true that because life is inviolable, so is the body; so, it is necessary to request the consent of the patient regarding the performance of transfusion procedure, discarded the hypothesis of danger to life[15][16][17] .By making the maximum commitment to give life to save lives, the physician also commits himself (herself) to the welfare of the fellow in such a way that he (she) spends all efforts on this toil.…”