Abstract

ANGELES FUENTES, José Luis; PLACENCIA MEDINA, Maritza Dorila  and  FUENTES DELGADO, Duilio Jesús. Analysis of Informed Consent Forms in Public Health Facilities. Bioethical and Legal Reflections in the Peruvian Context. rev.latinoam.bioet. [online]. 2023, vol.23, n.1, pp.137-153.  Epub June 30, 2023. ISSN 1657-4702.  https://doi.org/10.18359/rlbi.6395.

in the healthcare activity carried out by health professionals, informed consent (IC) instrumentalizes the acquiescence of the patient concerning the procedure and/or surgical intervention. There is a scattered regulation in the Peruvian legal system about IC. In the Inter-American system, essential precedents establish the minimum content the patient should be informed of before consent. Compliance with 22 necessary elements and nine desirable elements in the IC forms was evaluated under the current legal system and the supranational provisions of the Inter-American Court of Human Rights (IACHR Court). These categories were validated through the judgment of expert lawyers and health professionals. The target population consisted of 456 consent forms applied in public health facilities in Metropolitan Lima from 2019-2021. In all the formats, the necessary elements associated with patient data, the health professional, and the name of the procedure or surgical intervention are fulfilled. There is no desirable element that is fulfilled in all of these formats. In this sense, there are gaps in the content of these forms in Peruvian health facilities, so the informative aspect should be vindicated to achieve fully effective acts of consent.

Keywords : informed consent; self-determination; bioethics; physician-patient relationship; right to health.

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