{"title":"【患者知情同意不当:法律与专家评估】。","authors":"M V Kratenko","doi":"10.17116/sudmed20236601159","DOIUrl":null,"url":null,"abstract":"<p><p>The purpose of the study is to draw the attention of the legal and medical community to the problem of insufficient awareness of the patient about the upcoming medical intervention; to identify the scope of interaction between the court and the expert in relation to disputes related to improper information. Despite the fact that the conclusion about improper informing of the patient implies a legal assessment of the circumstances, special medical knowledge is needed to identify some defects of voluntary informed consent. The expert, in particular, can answer the questions of the court about what risks are characteristic of a certain type of medical intervention (perforations, bleeding, etc.) and how high their probability was in relation to a particular patient (taking into account his state of health, anatomical features); whether there were alternative treatment options. Based on the explanations received, the court will be able to assess whether the patient's attention was focused on the relevant circumstances, whether his consent was conscious, and the complications that occurred were foreseeable.</p>","PeriodicalId":35704,"journal":{"name":"Sudebno-Meditsinskaya Ekspertisa","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"[Improper informed consent of the patient: legal and expert assessment].\",\"authors\":\"M V Kratenko\",\"doi\":\"10.17116/sudmed20236601159\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>The purpose of the study is to draw the attention of the legal and medical community to the problem of insufficient awareness of the patient about the upcoming medical intervention; to identify the scope of interaction between the court and the expert in relation to disputes related to improper information. Despite the fact that the conclusion about improper informing of the patient implies a legal assessment of the circumstances, special medical knowledge is needed to identify some defects of voluntary informed consent. The expert, in particular, can answer the questions of the court about what risks are characteristic of a certain type of medical intervention (perforations, bleeding, etc.) and how high their probability was in relation to a particular patient (taking into account his state of health, anatomical features); whether there were alternative treatment options. Based on the explanations received, the court will be able to assess whether the patient's attention was focused on the relevant circumstances, whether his consent was conscious, and the complications that occurred were foreseeable.</p>\",\"PeriodicalId\":35704,\"journal\":{\"name\":\"Sudebno-Meditsinskaya Ekspertisa\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Sudebno-Meditsinskaya Ekspertisa\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17116/sudmed20236601159\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Medicine\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Sudebno-Meditsinskaya Ekspertisa","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17116/sudmed20236601159","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Medicine","Score":null,"Total":0}
[Improper informed consent of the patient: legal and expert assessment].
The purpose of the study is to draw the attention of the legal and medical community to the problem of insufficient awareness of the patient about the upcoming medical intervention; to identify the scope of interaction between the court and the expert in relation to disputes related to improper information. Despite the fact that the conclusion about improper informing of the patient implies a legal assessment of the circumstances, special medical knowledge is needed to identify some defects of voluntary informed consent. The expert, in particular, can answer the questions of the court about what risks are characteristic of a certain type of medical intervention (perforations, bleeding, etc.) and how high their probability was in relation to a particular patient (taking into account his state of health, anatomical features); whether there were alternative treatment options. Based on the explanations received, the court will be able to assess whether the patient's attention was focused on the relevant circumstances, whether his consent was conscious, and the complications that occurred were foreseeable.
期刊介绍:
The journal is concerned with the theory and practice of forensic medicine - the problems of thanatology, traumatology, toxicology, serology, forensic obstetrics, forensic dentistry, forensic psychiatry, forensic chemistry, physicotechnical methods of investigation, history of forensic medicine and some problems of criminology and legal laws related to forensic medicine. It publishes original studies by Russian authors, casuistry surveys, abstracts and reviews of Russian and foreign literature, scientific information, reports on scientific conferences.