DOCTORS’ PROFESSIONAL LIABILITY
Health law sets out norms that regulate the liability of doctors against the hospitals, clinics, colleagues, other hospital personnel and most importantly against patients in the broadest sense. Doctors’ one of the most important responsibilities to the patients is informed consent and the regulations concerning thereof.
The notion of informed consent means an authorized doctor informing the patient clearly, thoroughly and without leaving any doubt, on the risks, benefits, harms, consequences and alternatives of the medical intervention which the patient is to consent, and the patient consenting to the operations with unimpaired judgment. Informed consent is not regulated by laws concerning health law and is not clearly defined in general legal norms.
While lawyers tend to base the notion of informed consent on the fundamental rights and freedoms in the constitution, the notion of informed consent should be considered within the framework of the provisions of attorneyship contract in Law of Obligations. As per article 506/2 of the Code of Obligations, an attorney who undertakes services must consider the justified interests of the other party and carry out the works and services with loyalty and diligence. Due to the reason that a doctor enters into an attorneyship contract with the patient, as per the obligation of loyalty and diligence he has to inform the patients on all details and refrain from all behaviors that might impair the patient’s judgment.