DEVELOPMENT OF PRINCIPLE OF INFORMED CONSENT FOR MEDICAL INTERVENTION IN INTERNATIONAL LAW
Journal Title: Правова держава - Year 2017, Vol 25, Issue
Abstract
One of the basic rights of the patient in the world recognizes the right to informed voluntary consent for medical intervention, which arose from the physical integrity of the person. In Ukraine, the doctrine of informed voluntary consent for medical intervention is only beginning to emerge, and therefore the greater importance gained international experience in legal practice procedure to inform patients about medical intervention and mechanism for agreement on it. Тhe question of informed consent to medical intervention is one of the basic system of legal support medical activities. Any medical intervention is accompanied by the risk of complications and other consequences in respect of which is unknown, come or not. The article gives an overview of the problem, values and forms of obtaining informed consent for medical intervention, legal regulation of the issue of international legislation. According to international standards all medical institutions and specialists should provide information to the patient in familiar language and in a form that is understandable to a person who is not an expert in the healthcare industry. In all cases of obtaining the informed consent where presence of a legal representative is required, a patient – under age or adult unable to understand what is happening or express their will – but has as far as possible to participate in decisions that concern him. The patient has the right to refuse treatment or medical intervention and to change his initial decision in the course of the treatment, refusing to continue it. The patient has the right to refuse to receive information about his health. Thus, we can assume implementation in daily practice healthcare doctrine of informed consent for medical intervention will create a situation in which the relationship between doctors and patients will be built on the principles of respect for and observance of human rights and dignity of people who sought medical attention. At the same time improved system of obtaining and displaying informed consent should play a positive role in the structure of the mechanism protecting the rights of doctors from unwarranted claims on the side of patients and their representatives. Searching the ways to optimize this issue should be based on the international legal practice which should be implemented in national legislation. This will produce thoughtful, modern provision regulations on informed consent in medicine.
Authors and Affiliations
H. V. Habrelian
Keywords
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