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Patients' Consent In Terms Of Patients' And Doctors' Rights
Yasemin GÜNAY*, Ömür ELÇİOĞLU**, Sermet KOÇ***
* Dr., Osmangazi Üniversitesi Tıp Fakültesi Adli Tıp AD,** Dr., Osmangazi Üniversitesi Tıp Fakültesi Deontoloji AD, ESKİŞEHİR*** Dr., İstanbul Üniversitesi Cerrahpaşa Tıp Fakültesi Adli Tıp AD, İstanbul
Before any medical operation, seeking permission from the next of kins (1.2.parents) or the patient's lawyer is a legal requirement (Article 70 of the Law no. 1219) The gaining of consent should be evaluated in terms of both the high value of human life and public order. The modern legal system requires that in medical operations, presence of the patients consent should be an essential element, indicating that the doctor's actions are consistest with the law.
Material and Methods: İn this study, 100 cases, selected, at random among patients files that were sent to the 2 nd Committee of Specialists by the Judicial Medicine Organization for the report and that had involved a medicial operation, were investigated to discover whether the consent of the patient was obtained or not.
Result: Of the 100 cases 82 had an operation under general anaesthetics and 16 had an operation under local anaesthetics, however, 2 of them were applied in orthopaedic treatment without any anaesthetics. It was found that in 80 of the files, there were not any consent forms, and among the cases where consent, was given, 13 of them included a printed form with a signature, and in 7 cases, individuals confirmed their the language and content of the consent forms did not reach a certain standard.
Receiving the patient's medical consent and the importance considerations were evaluated in terms of medical, legal and ethical perspectives.Keywords: Patient consent, Medical files,
Consent formTurkiye Klinikleri J Med Ethics 2000, 8:46-50
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