29-03-2010
In this Opinion the Commission examined the issue of consent after full information as a basis of the patient - physician relationship in contemporary medical practice.
The Commission points out problems that appear in the application of the patient's autonomy in Medicine and detects the most essential, in its judgment, causes of those problems. In addition, cases in which the patient himself is unable to consent are analyzed in the Opinion and the Commission's positions are indicated as guidelines on how medical decisions are made in those cases, as well as on which are the limits of the consent, when it is expressed by patient's representatives.
The Commission considers that the principle of consent cannot be understood as a simple formal requirement. Beyond the physician's consolidation, the major objective of the consent is respecting patient's autonomy. This certainly does not mean that the physician, having a global picture of the whole problem, stays uninvolved in the making of a relevant decision. The Commission wishes to contribute with this Opinion to the better application of the consent principle in practice, with specific suggestions and guidelines, that are addressed towards both the medical community and the State.