Informed Consent in health care and contract of adhesion: judical e bioethical approach.

Carolina Fernández Fernandes, Lívia Haygert Pithan

Abstract


The present paper wants to deconstruct the understanding that Informed Consent Form is a contract of adhesion. The basis of Informed Consent Process is trust, This Process serves to inform adequately the patient about all needed informations, for a free and conscious decision about the proposed treatment or procedure.
Frequently the Informed Consent Form, has been destituted of it’s own characteristics and has been used as Contract of Adhesion. In this way, Informed Consent Form is a standard document, previously written in a generic language, including innumerable situations, even those that don’t have relationship with the concrete case.
We conclude that the misunderstanding of the Informed Consent Process, reducing it only as a standard Informed Consent Form, could be confused as a Contract of Adhesion.

Keywords


Consentimento informado; Bioética; Autonomia



Copyright (c)



ISSN: 2357-9730 

http://seer.ufrgs.br/hcpa/

   

  

 

Apoio Financeiro:


 

Licença Creative Commons
The Clinical & Biomedical Research is licenced under Creative Commons Atribuição 4.0 Internacional.