Consenso informato: dal buio alla luce. Andata e… pericoloso ritorno?

Abstract

Over the last years, the principle of informed consent has gained considerable importance in the doctrinal elaboration and approaches, as well as juridical interpretations, thereby influencing the everyday activities of the medical profession. It tends to reflect the concept of autonomy and decisional auto determination of the person requiring medical or surgical interventions. The correct informed consent requires that the healthcare provider gives the patient all the information necessary for a knowledgeable decision on the proposed procedure. In order for the patient to be presented with sufficient information to make an informed decision, several elements are necessary, regarding diagnosis, purpose of proposed treatment, possible risks and benefits of proposed treatment, possible alternatives to proposed treatment and possible risks of not receiving treatment. Informed consent is still the object of continuous explorations. In this article, the Author analyses the doctrine of informed consent in the Italian contest, describing some decisions of the Court that are useful to explore all the aspects of the subject.