Consentimento informado: o desafio médico-jurídico de nossos dias

Abstract

OBJECTIVE: To assess the real importance of obtaining informed consent, through an appropriate form, and its role in the outcome of civil liability claims. METHODS: The wording of the existing Brazilian law and jurisprudence were compared with the actual rulings of the State Court of the State of Rio de Janeiro State, in 269 civil liability claims against healthcare professionals and hospitals. Favorable and unfavorable outcomes (i.e. acquittals and convictions) were compared, and possible variations in the verdicts were discussed in relation to whether informed consent forms had been filled out or not. CONCLUSIONS: Obtaining informed consent, by means of appropriate forms, is still not a widespread practice in the Brazilian healthcare or judicial systems. It is recommended that this practice be adopted in the manner described in this paper, and as prescribed in Brazilian law.