Informed consent, right to physical and mental or moral integrity and medical liability

Abstract

The lack o deficient provision of informed consent in the health field can give rise to civil liability because it is understood as an infraction of one of the essential duties of the lex artis. This duty is stated in our jurisprudence, is the set of knowledge, techniques, and skills applicable, in this case, to the medical profession and in particular to the treatment or intervention in question. The infraction in this case will be of the patient´s right to self-determination which, in turn, is directly based
on many other fundamental rights such as the right to physical, mental or moral integrity recognized in international texts and Constitutions of de various internal laws. Likewise, the right to private and family life seems to find a place in this base,
although in the latter case, perhaps, indirectly.