Article
publicado em 16/07/2012 às 19h53:00
   Dê o seu voto:

What is the boundary between the duty doctor and the patient's right?

Sandra Franco, a legal consultant specializing in Medical Law and Health, effective member of the Committee on Health Law and Medical Liability Hospital of OAB / SP and President of the Brazilian Academy of Medical Law and Health Deborah Terrin, a lawyer specializing in Medical Law and Health, effective member of the Committee on Health Law and Medical and Hospital Liability of OAB / SP and a member of the Ethics Committee of the Brazilian Academy of Medical Law and Health (ABDMS)

 
font size
A-
A+

Some pieces of information on this page may have been automatically translated. Makernews is not responsible for the irregularities resulting from these translations. When in doubt,      consult the original text.



Foto: Arquivo Pessoal
Sandra Franco, president of the Brazilian Academy of Medical Law and Health
  « Previous
next »  
Sandra Franco, president of the Brazilian Academy of Medical Law and Health

In the legal world, it uses the maxim that the right to end one begins when the duty of others. So it is, for example, property rights, limited by the vicinity of the one who has the lawful possession of the thing. If the duty to respect this limit is violated, the right owner comes to defend their property by all means that are legally guaranteed.

In medicine, we can say that the patient's right to information is the proximity of their most valuable property, or your life. Thus is born the right to protect it until it exhausted all the information that the physician has a duty to provide.

om this, all duty doctor matches a patient's right. Right increasingly pleaded in the courts of our country.

Specifically in plastic surgery, are constant, unfortunately, the incidents in this mode. The worst is that the basis of lawsuits filed, mostly, has backed the dissatisfaction with the outcome and the absence of clear information provided. That is, can at most often be prevented or at least minimized.

Thus, concerned about the increasing number of cases-ethical scattered on the Medical Board and the country's massive lawsuit against plastic surgeons, the Federal Council of Medicine (CFM) issued Resolution 1711, 2003, with devices of Fundamental Principles of the Code of Medical Ethics and technical guidance to physicians. However, in spite of the efforts on strengthening the CFM that every medical procedure should be done through clarification and prior consent of the patient and that all conduct pre-operative must be the same as that adopted for any surgical procedure, the ethical and legal demands not ceased.

As a further attempt to minimize the ethical and legal problems arising from plastic surgery, the Technical Board of Plastic Surgery of the Federal Council of Medicine, with the participation of the Brazilian Society of Plastic Surgery, CFM has proposed to the Plenary of the adoption of the document entitled Standards and Informational Shared Plastic Surgery, which was approved unanimously and will be part soon, the Audit Manual to be prepared.

Using this new form, available free of CFM and the Brazilian Society of Plastic Surgery, aims not to replace the medical records - whose absence would be set up in violation of Article 87 of the Code of Medical Ethics, in accordance with: It is forbidden the doctor fails to produce legible records for each patient - nor of the Terms of Consent already used, but the addition of a new instrument to the practice of good medical management and patient safety.

Thrives with this, the doctor-patient relationship to the extent that these legal instruments are clear and precise boundary between the duty doctor and the patient's right: looking to enhance this relationship and exhaust the duty doctor in the face of the right of dopaciente information, we consider the safety of both and for all before the public good, which is the last weekend of Law and Medicine.

Source:
  • Share this pageShare this page
  • Share this pageCorrect
  • ShareShare
  • AlertAlert
Reduced link: 
  • You are recommending this story: What is the boundary between the duty doctor and the patient's right?
  • Fill in the following form to send your recommendation to your friend:

  • You are suggesting a correction for this story: What is the boundary between the duty doctor and the patient's right?


Receba notícias do iSaúde no seu e-mail de acordo com os assuntos de seu interesse.
Seu nome:
Seu email:
Desejo receber um alerta com estes assuntos:
right doctor    plastic surgery    Sandra Franco    the Federal Council of Medicine    CFM    Resolution 1711    Deborah Terrin   
Comments:
Comment
Leave your comment
Close
(Required fields are marked with an *)

(Your email address will never be published or shared.)

Enter the letters and numbers below and click in the button "send"

  • Twitter iSaúde
advertising
Informe Saúde printed version

Recommend the portal
Close [X]
  • You are recommending this story: http://www.isaude.net
  • Fill in the following form to send your recommendation to your friend:

RSS news from the portal  iSaúde.net
Get the newsletter of the portal  iSaúde.net
Recommend the portal iSaúde.net
News from  iSaúde.net in your blog or website.
Get news on the subject of your interest.
© 2000-2011 www.isaude.net Todos os direitos reservados.