Cargando…

Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?

The topic of informed consent has become increasingly important in recent decades, both in the ethical-deontological field and as a duty of law. The review covered all sentences issued by the 13th section of the Civil Court of Rome during the period January 2016–December 2020. During this period, 15...

Descripción completa

Detalles Bibliográficos
Autores principales: Pallocci, Margherita, Treglia, Michele, Passalacqua, Pierluigi, Tittarelli, Roberta, Zanovello, Claudia, De Luca, Lucilla, Caparrelli, Valentina, De Luna, Vincenzo, Cisterna, Alberto Michele, Quintavalle, Giuseppe, Marsella, Luigi Tonino
Formato: Online Artículo Texto
Lenguaje:English
Publicado: MDPI 2023
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9915667/
https://www.ncbi.nlm.nih.gov/pubmed/36767485
http://dx.doi.org/10.3390/ijerph20032118
_version_ 1784885946779435008
author Pallocci, Margherita
Treglia, Michele
Passalacqua, Pierluigi
Tittarelli, Roberta
Zanovello, Claudia
De Luca, Lucilla
Caparrelli, Valentina
De Luna, Vincenzo
Cisterna, Alberto Michele
Quintavalle, Giuseppe
Marsella, Luigi Tonino
author_facet Pallocci, Margherita
Treglia, Michele
Passalacqua, Pierluigi
Tittarelli, Roberta
Zanovello, Claudia
De Luca, Lucilla
Caparrelli, Valentina
De Luna, Vincenzo
Cisterna, Alberto Michele
Quintavalle, Giuseppe
Marsella, Luigi Tonino
author_sort Pallocci, Margherita
collection PubMed
description The topic of informed consent has become increasingly important in recent decades, both in the ethical-deontological field and as a duty of law. The review covered all sentences issued by the 13th section of the Civil Court of Rome during the period January 2016–December 2020. During this period, 156 judgments were found in which a breach of consent was required; in 24 of these, specific liability was proven, and the corresponding compensation liquidated. Moreover, 80% of the cases concerned the lack of information provided. The most involved branches were those related to surgical areas: general surgery, plastic surgery and aesthetic medicine and orthopaedics. The total amount of compensation paid was EUR 287,144.59. The research carried out has highlighted how, in a broad jurisprudential context, the damage caused by the violation of the right related to informed consent is considered, and how it impacts on the economic compensation of damages. Additionally, it showed that the areas most affected by the information deficit are those related to the performance of surgical activities, which are characterized by greater invasiveness and a higher risk of adverse events. The data reported underline the exigency to consider informed consent not as a mere documentary allegation but as an essential moment in the construction of a valid therapeutic alliance, which is also useful for avoiding unnecessary litigation that is becoming increasingly burdensome for healthcare systems all over the world.
format Online
Article
Text
id pubmed-9915667
institution National Center for Biotechnology Information
language English
publishDate 2023
publisher MDPI
record_format MEDLINE/PubMed
spelling pubmed-99156672023-02-11 Informed Consent: Legal Obligation or Cornerstone of the Care Relationship? Pallocci, Margherita Treglia, Michele Passalacqua, Pierluigi Tittarelli, Roberta Zanovello, Claudia De Luca, Lucilla Caparrelli, Valentina De Luna, Vincenzo Cisterna, Alberto Michele Quintavalle, Giuseppe Marsella, Luigi Tonino Int J Environ Res Public Health Article The topic of informed consent has become increasingly important in recent decades, both in the ethical-deontological field and as a duty of law. The review covered all sentences issued by the 13th section of the Civil Court of Rome during the period January 2016–December 2020. During this period, 156 judgments were found in which a breach of consent was required; in 24 of these, specific liability was proven, and the corresponding compensation liquidated. Moreover, 80% of the cases concerned the lack of information provided. The most involved branches were those related to surgical areas: general surgery, plastic surgery and aesthetic medicine and orthopaedics. The total amount of compensation paid was EUR 287,144.59. The research carried out has highlighted how, in a broad jurisprudential context, the damage caused by the violation of the right related to informed consent is considered, and how it impacts on the economic compensation of damages. Additionally, it showed that the areas most affected by the information deficit are those related to the performance of surgical activities, which are characterized by greater invasiveness and a higher risk of adverse events. The data reported underline the exigency to consider informed consent not as a mere documentary allegation but as an essential moment in the construction of a valid therapeutic alliance, which is also useful for avoiding unnecessary litigation that is becoming increasingly burdensome for healthcare systems all over the world. MDPI 2023-01-24 /pmc/articles/PMC9915667/ /pubmed/36767485 http://dx.doi.org/10.3390/ijerph20032118 Text en © 2023 by the authors. https://creativecommons.org/licenses/by/4.0/Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
spellingShingle Article
Pallocci, Margherita
Treglia, Michele
Passalacqua, Pierluigi
Tittarelli, Roberta
Zanovello, Claudia
De Luca, Lucilla
Caparrelli, Valentina
De Luna, Vincenzo
Cisterna, Alberto Michele
Quintavalle, Giuseppe
Marsella, Luigi Tonino
Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?
title Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?
title_full Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?
title_fullStr Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?
title_full_unstemmed Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?
title_short Informed Consent: Legal Obligation or Cornerstone of the Care Relationship?
title_sort informed consent: legal obligation or cornerstone of the care relationship?
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9915667/
https://www.ncbi.nlm.nih.gov/pubmed/36767485
http://dx.doi.org/10.3390/ijerph20032118
work_keys_str_mv AT palloccimargherita informedconsentlegalobligationorcornerstoneofthecarerelationship
AT tregliamichele informedconsentlegalobligationorcornerstoneofthecarerelationship
AT passalacquapierluigi informedconsentlegalobligationorcornerstoneofthecarerelationship
AT tittarelliroberta informedconsentlegalobligationorcornerstoneofthecarerelationship
AT zanovelloclaudia informedconsentlegalobligationorcornerstoneofthecarerelationship
AT delucalucilla informedconsentlegalobligationorcornerstoneofthecarerelationship
AT caparrellivalentina informedconsentlegalobligationorcornerstoneofthecarerelationship
AT delunavincenzo informedconsentlegalobligationorcornerstoneofthecarerelationship
AT cisternaalbertomichele informedconsentlegalobligationorcornerstoneofthecarerelationship
AT quintavallegiuseppe informedconsentlegalobligationorcornerstoneofthecarerelationship
AT marsellaluigitonino informedconsentlegalobligationorcornerstoneofthecarerelationship