THE INFORMED CONSENT: IT’S VALIDITY AND PATIENT’S WILL
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Abstract
The goal of the conducted research was to explore whether a patient signs the informed consent on the basis of free will, or on the basis of the necessity as a matter of deadlock. The informed consent does not comply with some provisions of law, and this gives a reason to doubt in considering mentioned documents as a deal. Being clear on whether informed consent is a deal, it is important to mention, that it is crucial to get contractor`s will to conclude a deal, with a purpose to get a concrete result, and the expression of this will should be free. The freedom of the deal includes such components as: 1) The freedom of choice to conclude or decline a deal - forced entry into a contract is not acceptable, unless it is requested by law or is voluntered. The patient should not be presented with a choice: he will not get a treatment if he does not sign the informed consent. 2) The freedom to choose a contractor - in some ways the patient possesses this freedom, however, his choice is determined by doctors fee and references. 3) The freedom to choose the content of the deal contractors should be able to set conditions of the contract themselves. The conditions of the contract should also comply with law. A patient should be informed about the content of consent determined by a medical institution. 4) The freedom to choose the form of the deal it is allowed to use oral or written form of the informed consent by law. So the informed consent complies with only two of all mentioned components of the deal. The statement of patients that they are aware of potential risks and consequences of the treatment/ surgery, and that they undertake not to impose unreasonable demands does not comply with the Constitution. All inhabitants of Latvia are equal before law and courts. In the case of the informed consent a patient has no free will, but his will is effected by emotions, physical suffering and other unrelated events, which does not comply with the de nition of a deal in Civil Law. That is why the informed consent has rather a formal character without legal effect and no legal consequences. The patient should be provided with the basic information upon his request, and medical doctors should guarantee their responsibility.
How to Cite
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