Liability in the consent era: non informed risks, non consented resections and others rising hipotesis

Abstract

The information duties and the informed consent have been gaining more and more relevance in the medical liability context. This paper reviews the requirements that the new paradigm imposes on the doctor-patient relationship, regarding the informed consent field, and focuses its analysis on the consequences of their breach. It is held that to give an harmonic resolution to the problems in the liability hypothesis for breach of these duties, it is necessary to do a systematization of the cases, distinguishing between “simple negligence cases” and “double negligence cases”, and between the cases with bodily harm and non bodily harm.