Abstract

MOMBLANC, Liuver Camilo  and  MENDOZA PEREZ, Juan Carlos. Informed Consent and Patient Autonomy in Cuba: An Essential Binomial. Opin. jurid. [online]. 2021, vol.20, n.42, pp.321-347.  Epub May 19, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n42a13.

This work is motivated by the undeniable problem generated by the deficient regulation of informed consent and autonomy of will of the patients in the Cuban judicial ordinance, linked to insufficient knowledge and development in the medical practice. Thus, based on the analysis of the theoretical and practical presuppositions of this institution and a study through comparative law, the study proposes some improvements. This research employed the analytic-synthetic and the inductive-deductive methods, as well as those proper to the judicial researches: the judicial-exegetic and the judicial comparative ones. These methods are supported by the bibliographical review research technique. As the main result, this study proposes a resolution to the Public Health Ministry, directed towards the adequate regulation of the informed consent, the autonomy of the patients will, and the right to sanitary information, based upon the theoretical and practical presuppositions systematized in the research and that constitute guidelines in the process of its interpretation and application.

Keywords : informed consent; patient autonomy; theoretical-practical presuppositions; legal regulation.

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