publicado em 28/08/2009 às 15h31:00
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But is that such T.C.I.E. has value?

* J. William F. Valle is a Consultant in Health Law Member of the Brazilian Society of Medical Law. Member of the Society Iberoamericana de Derecho Medical Human Rights Manager

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Many still question whether the term of informed consent has the same expected value. That is, the value of clean dishes leave the situation and hired experienced in health services.

The nomenclature of TCIE (Informed Consent and Informed), more usually said Consent, began to identify a document that explains the situation of pre-conscious and voluntary consent of a patient (or client) for it to be applied (s ) acts of health care professionals. The basis is the principle of autonomy, better, respecting the principle of patient autonomy. This practice, to apply (or expecting to receive) the patient's authorization for professional practice act in favor of it, just not the case in life-threatening situations where the professional should be compulsory because it is based on the legal obligation to provide relief to a needy neighbor in danger of losing his life. In other situations the ordinary rule is the pre-consent from the patient so that we can serve you (a).

Consent, and here we thought that we deal with the pre-consent-of-way rule has always existed in oral form and was very rarely found in written form. Today, however, started to use the written form rather than the verbal, well justified by two factors: 1 - Improve documentation in medical records about a situation that existed; 2 - To serve as proof of compliance with the principle of autonomy the patient (customer). Chargeable in respect consumerista standard (Code of Consumer Protection) and the Civil Law.

Thus, TCIE has been well embedded in the practice of service to users of health services. Every day we find more professionals and institutions implementing the formality of this Agreement, in its document services.

Initially, when we began to talk of such written instrument for the practical day-to-day appeared quite a stir. The most common citations that were such a thing would be absurd! On the other hand, those that have begun to establish empirically the document, drew up in merely informative and richly scientific vocabulary. The way of offering compulsory inquisitorial. More or less like this: Mr. (or Mrs.) should sign this document so that I can operate it (a) (or is it (a). The technical information on treatment are in this document. That is , reported to be without clarifying. The autonomy of free choice was made so addicted. Hence, the paper was losing value and many professionals started early on not to value, and even disdain, the realization of TCIE

The T.C.I.E. own legal and ethical value must meet two spheres: the Ethical and Legal.The compliance to the law refers to the construction of the Term (contract authorization) where the parties should be able civilly (civilian capacity has to be able to hire permit), professional intervention may not be prohibited by law and the purpose for which the authorization relates shall be possible.

Thus, we conclude that a consent form, valid and legal ethics, must have clear and accessible information to understand the patient, this finding should be fully informed about the situation (including the risks of intervention) and free will authorize the act. For that, beyond the term writing shall be necessary and recommended a good conversation, enlightening, the terms used in the document.

It must be remembered that a T.C.I.E. may be revoked by the patient at any time of inter-professional relationship. What can also be promoted by professional, just an ethical justification for this and / or legal to discontinue the provision of service.

   Palavras-chave:   TCIE    Health services    Consent    Civil Law    Health Law    J. William F. Valle   
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