TOTBİD Dergisi

TOTBİD Dergisi

2020, Cilt 19, Sayı, 1     (Sayfalar: 038-050)

Informed consent in Orthopedics and Traumatology

Emine Ahşen Oktay (Dinç) 1

1 Türkyaman – Dinç Hukuk Bürosu, Beşiktaş, İstanbul

DOI: 10.14292/totbid.dergisi.2020.07
Görüntüleme: 620
İndirme : 668

At present article deals with informed consent issue that could put medical interventions under legal frame. Informed consent is also the right of patient to be informed. Obligation to inform is an obligation of doctor also a right of patient. Doctors must clarify patient and / or patient relatives about detail information regarding the patient`s health problem, therapy and the results of this therapy for valid consent. With this study, we want to explain the meaning of a valid informed consent under legal frame and in this context the important points of informed process and consent process. Also this article describes obligation of informed and then providing approval of the patient. Within scope of the information; the basic principles of the information, the time of the information, person to inform, person to be informed, informed form requirement and the proof of the information were examined. After process of informed of the patient, the basic principles and scope of consent issue were examined. Infringement on patients` rights is caused unlawful medical intervention and require liability. Medical treatment without valid informed consent is unlawful (infringement of right of patient to be informed) and require liability. Our criminal law, private law and also administrative law bear legal consequences to patient and patient relatives when the infringement of right of patient to be informed and/or lack of consent, as a patient`s right infringement. Lastly, in our article, informed consent issue is discussed in light of Supreme Court of Appeals decisions.

Anahtar Kelimeler : right of patient; informed consent; obligation right of patient; burden of clarification; valid informed consent; consent form