Informed consent is the physician informing the patient about all risks and alternatives before medical intervention and obtaining the patient's approval.
Scope of Information
- Purpose and type of intervention
- Possible risks and complications
- Success rates
- Alternative treatments
- Result if treatment is not given
- Cost (in private healthcare)
- Fee
Consent Document
- Must be in writing (evidence)
- Turkish and understandable
- Patient's signature + date
- Witness signature is recommended
- Verbal consent = problem of proof
Emergency Exception
- Unconscious Emergency intervention in the patient: consent is not required
- Life-threatening
- Information to the next of kin
Minor
- Custody gives consent
- Consent of the child at "maturity level" is also obtained
- Intervention is carried out for the benefit of the patient even if the guardian wishes otherwise
Lack of Consent = Compensation
Sufficient If clarification is not provided, even if the intervention is medically successful, it will be considered "unfair intervention" and compensation will arise.
Supreme Court 13. HD
13. HD adopts that a "signed consent document" alone is not sufficient, that it must be proven that real information has been given, and that real information without formalities will be sought.
Health law lawyer is recommended.