O DIREITO À INFORMAÇÃO E O DEVER DE INFORMAR: A RELAÇÃO JURÍDICA MÉDICO-PACIENTE E O PAPEL DO CONSENTIMENTO ESCLARECIDO

Abstract

The number of lawsuits against medical professionals, primarily seeking civil redress and addressing service failures, has grown significantly in recent decades. This is linked to significant changes, such as the expansion of new technologies and access to information in digital media, leading to a new patient profile, one that has become more informed and aware of their rights. It is in this context that the role of informed consent, also called informed or post-informed consent, gains momentum as a necessary instrument for the effective exercise of autonomy and defense of patient dignity regarding decisions they make regarding their body, health, and psychophysical integrity. This work was conceived within the interdisciplinary framework of Law, Bioethics, and Medicine, and underlies its relevance. To this end, an intense bibliographical review and analysis of judgments were carried out on the debate that has been developing over the last few years regarding the new contours taken by the themes of violation of informed consent, the importance of the Informed Consent Form as a means of proof and medical civil liability in the 21st century, with regard to compliance with the duty to inform.