Comparative study on informed consent regulation in health care among Italy, France, United Kingdom, Nordic Countries, Germany, and Spain.

Autor: Bolcato V; Unit of Legal Medicine, IRCCS Fondazione Istituto Neurologico Nazionale C. Mondino, Pavia, Italy., Franzetti C; Forensic Medicine Unit, Department of Public Health, Experimental and Forensic Medicine, University of Pavia, Pavia, Italy., Fassina G; Forensic Medicine Unit, Department of Public Health, Experimental and Forensic Medicine, University of Pavia, Pavia, Italy; Unit of Legal Medicine, IRCCS Fondazione Istituto Neurologico Nazionale C. Mondino, Pavia, Italy. Electronic address: gfassina@unipv.it., Basile G; Trauma Unit and Emergency Department, IRCCS Galeazzi Orthopaedics Institute, Milano, Italy; Head Section of Legal and Forensic Medicine Clinical Institute San Siro, Milan, Italy., Martinez RM; Office of Forensic Sciences, Bellinzona, Republic and Canton of Ticino, Switzerland., Tronconi LP; Forensic Medicine Unit, Department of Public Health, Experimental and Forensic Medicine, University of Pavia, Pavia, Italy; Maria Cecilia Hospital, GVM Care & Research, Cotignola RA, Italy.
Jazyk: angličtina
Zdroj: Journal of forensic and legal medicine [J Forensic Leg Med] 2024 Apr; Vol. 103, pp. 102674. Date of Electronic Publication: 2024 Mar 14.
DOI: 10.1016/j.jflm.2024.102674
Abstrakt: The information and subsequent expression of will, so-called informed consent, have become the essential element of health right, understood as the right to autonomous choice in health, based on the fiduciary relationship between physician and patient. This gradually leads European Countries to adopt special legislations and to issue frequent judgments on the subject. However, new challenges in daily clinical practice call for further study of legal solutions. The authors analyse and compare the regulations on informed consent in health care of Italy, France, the United Kingdom, the Nordic Countries, Germany, and Spain. The health and legal contexts, existence of special regulations on informed consent and their characteristics are discussed. Informed consent resulted a mandatory requirement. Clear communication about treatment, therapeutic alternatives, and major risks, discussed in conversation, but preferably documented in writing, are agreed upon. The possibility of dissent and withdrawal of consent are also included. There is a growing interest in involving and regulating the entire health team in information and consent. Lowering the age of consent for minors or analysing the maturity of minors are attempts to increase their participation in health decisions. On another side, the protection of adult incapables persons requires greater involvement of family and fiduciaries to better adapt to changing health needs. Health policy must take responsibility for training health professionals and citizens about the value of health information and communication as a shared choice in care planning, to strengthen the bond of trust with the healthcare system and users.
(Copyright © 2024 The Authors. Published by Elsevier Ltd.. All rights reserved.)
Databáze: MEDLINE
Externí odkaz: