Abstract

GIRALDO GOMEZ, Luis Felipe. The damage resulting from a breach of duty to seek informed consent from the patient. Investig. andina [online]. 2013, vol.15, n.26, pp.700-715. ISSN 0124-8146.

Informed consent as an essential element of the medical act has involved an evolution over time in terms of the conception of the doctor-patient relationship, to the point of generating discussion within bioethics between paternalism and autonomy, regarding recognition or not, of the patient's right to decide over her own body and his destiny. In addition to this discussion, is now added from the scope of civil liability, the anxiety of knowing what kind of damage they cause to the patient and should be compensated for the professional when it fails to comply with this duty, for which we propose in this article, is to make some a brief reflections on the way in practice Colombian jurisprudence, analyzed and studied the issue of the nature of the harm to the patient that are generated in such events.

Keywords : Informed Consent; Ethics; Personal Autonomy; Liberty; Duty to Warm; Risk; Damage Liability; Causality.

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