Any medical intervention carried out without effective consent (or a legal basis enabling action to be taken without the consent of the patient) is unlawful and, consequently, may be legally challenged by the patient. This means that surgery without the patient's effective consent may lead to the liability of the healthcare entity, medical practice and even the operator - even if the performer of the treatment exercised the utmost diligence.
Legal requirements as to the patient's consent for a specific treatment vary depending on the type of treatment (e.g. the strictest requirements are related to aesthetic medicine procedures). It is crucial, however, to take into account the fact that a properly prepared and granted consent is a proof that the patient has been provided with the complete medical information required by the law.
A correct consent will never be adjusted to an "unlimited" group of treatments (e.g. all used in a given entity), on the contrary - it should be assigned to a specific procedure, performed with a specific method, with the use of specific medical devices and medicinal products. The methods may differ in their level of risk, which may affect the effectiveness of the consent. Moreover, an effective and secure consent will also contain other provisions strictly corresponding to the experience of disputes between the physician and the patient.
Our Law Firm specializes in the preparation of all types of procedural consents.