Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2018.55.130.865
Patient consent to medical procedures as a reason to exclude illegality
Nina Mišić Radanović
; Sveučilišni odjel za forenzične znanosti Sveučilišta u Splitu, Split, Hrvatska
Sažetak
Even though the injured party's consent is a concept materially identical in civil and criminal law, its effect is different. While in Croatian law on damages, legal patient consent as an injured party excludes the illegality of medical intervention, this is not the case in criminal law. Due to the complexity of this problem area, the concepts of various types of patint consent are analyzed from assumed consent, replacement or surrogate consent to anticipated orders/proxy in cases of incapacity and in particular analyzes all the conditions necessary for its validity. Given that various viewpoints on the effect of consent by the injured party exist in criminal law, here in particular two opposing stances represented in comparative law are shown related to the effect of patient consent on medical procedures. A normative model is shown of the exculpation effect of consent where causing grievous bodily harm in treatment or activities with the aim of treatment is not illegal if the patient has given consent in the form or under the conditions prescribed by law. Also, a model by which the consent of the injured party is important only for the essence of the act is also shown.
Ključne riječi
informed patient consent; excluding illegality; negligent treatment
Hrčak ID:
209886
URI
Datum izdavanja:
27.11.2018.
Posjeta: 4.182 *