Medico Legal considerations in the case of individuals lacking capacity to consent informed at the medical act.

In Europe, the legislation on the acquisition of informed consent is homogeneous. This legislation does not take into account that a large number of patients who have temporarily or permanently lost their decision-making capacity do not have a legal representative. While waiting for the law to consider the situation of patients temporarily unable to make medical decisions, hospitals cannot remain inert. After all, health workers are not authorized to treat these patients. We propose a shared position by doctors, practical and operational, where the acquisition of consent comes jointly from the patient and the next of kin where we can then comment on the legal and ethical limits.

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Publication Details

Journal
PubMed
Published
2025-09-25
DOI
https://doi.org/10.7417/ct.2025.5282
Primary Topic
Ethics and Legal Issues in Pediatric Healthcare
Type
article
Field-Weighted Citation Impact
0.00
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article

Medico Legal considerations in the case of individuals lacking capacity to consent informed at the medical act.

M Salducci, Marilia Simonelli, Valentina Martines
PubMed
Ethics and Legal Issues in Pediatric Healthcare
article

Medico Legal considerations in the case of individuals lacking capacity to consent informed at the medical act.

M Salducci, Marilia Simonelli, Valentina Martines
article en

Abstract

In Europe, the legislation on the acquisition of informed consent is homogeneous. This legislation does not take into account that a large number of patients who have temporarily or permanently lost their decision-making capacity do not have a legal representative. While waiting for the law to consider the situation of patients temporarily unable to make medical decisions, hospitals cannot remain inert. After all, health workers are not authorized to treat these patients. We propose a shared position by doctors, practical and operational, where the acquisition of consent comes jointly from the patient and the next of kin where we can then comment on the legal and ethical limits.

PubMedVol. 176(5)
Sapienza University of Rome (IT)
Openalex Percentile: Top 63%
Ethics and Legal Issues in Pediatric Healthcare
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