Title
The informed consent for surgery : update for Belgium in 2008 The informed consent for surgery : update for Belgium in 2008
Author
Faculty/Department
Faculty of Medicine and Health Sciences
Publication type
article
Publication
Brussel ,
Subject
Human medicine
Source (journal)
Acta chirurgica Belgica. - Brussel, 1946 - 1996
Volume/pages
108(2008) :5 , p. 487-491
ISSN
0001-5458
ISI
000260959800002
Carrier
E
Target language
English (eng)
Affiliation
University of Antwerp
Abstract
Until the no-fault law in Belgium (15/05/2007) comes in action on 01/01/2009 it will be a system of fault to prove. Therefore the informed consent stays a mean or not liability progress. At this moment it stays a problem for the surgeon when he has not given any information about informed consent to the patient. If an operative intervention is unlawful. Then the signature of the patient does not remove the unlawful character of this intervention. Also the decline in standard forms with no personal contact and loss of individual adaptation cannot give a good result of information. The consequences of informed consent and how to prove the informed consent in medico legal setting are important for the surgeon's behavior. For the surgeons it will be a duty to make good informed consent brochures and forms that are adapted to the needs of the individual patients. First an oral and personal explanation between the surgeon and the patient has to be done during the first consultation. Secondly a form has to be handed over to the patient. Thirdly the patient must have the possibility to read it. Fourth the patient has to give his oral and written informed consent to the surgeon before being operated on by that same surgeon or any member of his staff. There is always a risk for sanctions in several procedures like criminal law and civil law until the no-fault system comes into action on 01/01/2009.
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