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The dilemma against Informed Consent

This typical figure that the Law submits to the health treatments required by a patient has been raising doubts regarding its applicability. When is it mandatory to obtain informed consent? Or what is more practical, when is it not necessary to ask the patient to give consent about the treatments for which he goes to the doctor? Law 41/2002, of November 14, basic regulation of patient autonomy and rights and obligations regarding information and clinical documentation; and its Catalan counterpart, Law 21/2000, of December 29, defines IC as a free, voluntary and conscious conformity of a patient with the capacity to provide it after receiving the appropriate information, for any action that affects your health. It is therefore necessary to define the assumptions that the regulations, public entities and jurisprudence understand as “actions that affect the health” of the patients Any intervention in the field of health requires that the affected person has given their specific and free consent and has been previously informed. "Any intervention in the field of health" could therefore refer to surgical interventions, radiology, endoscopy, biopsy, clinical trials, blood donation, and even a simple blood test. The idea that at any time, for any medical activity, the health center or the health professional must obtain the patient's consent, can generate uncertainty to the professionals themselves who must discuss between protecting the patient or protecting themselves patient making them sign numbers documents as expressed by the IC and the compliance with the norm and good practice is credited. What interventions does the standard in which an IQ mediate require? What do the Medical Colleges recommend? In the end the legislator has chosen to have good from the tacit and express manifestation of the IC, until, in case of doubt, to pay attention to the loyal knowledge and understanding of health professionals, because as established in art. 6.2 of Law 21/2000, the IC must be made in writing, among other specific cases “when procedures are carried out that –according to the person obliged to capture said IC, that is the doctor or the CS- entail notorious risks or inconveniences and foreseeable, likely to affect the patient's health ”.

October 21st, 2014