Abstract

MENDOZA VILLA, Juliana Maria  and  HERRERA MORALES, Luis Andrés. Consent informed in Colombia: A comparative analysis of the proposed law 24 of 2015 with the current code and other codes of ethics. rev.ces derecho [online]. 2017, vol.8, n.1, pp.156-171. ISSN 2145-7719.

The Colombian Congress is currently debating a bill to renew the Code of Medical Ethics (Bill 24/2015). This bill, rooted in a recognition of the principle of moral freedom, proclaims respect for a patient's personal autonomy as one of the most important components of modern clinical ethics. In light of this valuable initiative, the researchers reviewed topics related to informed consent and undertook a comparative analysis between the current Code (Law 23/1981) and other contemporary laws (from Chile, Spain and Argentina), looking for their strengths and weaknesses. The authors found that the bill lacks the philosophical, bioethical and procedural content required to fulfill its promises. Rather, it appears to emphasize punitive topics and sanctions, and this imbalance could result in a more defensive and less ethical medical practice.

Keywords : Informed consent; ethics; legislation; personal autonomy; professional autonomy; practice patterns; physicians.

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