Consent to the medical act in Brazil: between medical paternalism and the search for patient protection and doctors' responsibility

Abstract

The main objective of this article is to analyze free and informed consent, from the standpoint of autonomy in the doctor / patient relationship, emphasizing the importance of providing clarifications and information on the performance of medical procedures and treatments. Regarding the patient's autonomy, it seeks to validate and reinforce free and informed consent in medical practice as a way to overcome medical paternalism and promote the rights of the patient. The requirements and conditions for obtaining free and informed consent are presented, as well as exceptional medical situations involving consent, such as organ transplantation, terminal patients and conscientious objection in the doctor/patient relationship, are presented.The sanctions for lack of or inadequate consent are discussed, addressing the civil liability of the doctor, clinics and hospitals, with a topic that contextualizes the consent of patients affected by Covid-19 and the doctor’s responsibility for off-label drugs prescription. As for the methodology, the work uses the deductive approach method, resorting to bibliographical and documentary research. The text presents an interdisciplinary emphasis, using several areas, notably Biodight, Bioethics, Constitutional Law and Civil Law. As a result, it is concluded that the consent term must be guided by ethical limits, presenting a clear language, bringing all the necessary information so that the patient is aware, without influence or coercion and that, in case of lack or insufficiency of information , it is necessary to consider the civil liability of the doctor, hospitals and clinics. It concludes with a reflection on the need to promote the exercise of patient autonomy, in order to build an ethics of solidarity and responsibility, which requires profound changes in the education and culture of our country.