A) If the informed consent documents meet the legal requirements: if the informed consent documents can be evaluated effectively as being “sufficient, complete, detailed, comprehensive in regards to the surgery or procedure that would be performed given the specific case and the particular circumstances of the claimant.
In the event that complete information is not provided to the patient, it is possible to hold the doctor liable for the damages caused depending on two factors. First, that the medical procedure was not performed in accordance with the proper and correct guidelenes of the lex artis pertaining to the case; and, second, that the need for information was based on the type of procedure (and, therefore, there was a violation of the client’s right to choose).
The basic information should be sufficient in order to be aware of the risks of the procedure. Furthermore, it is necessary to provide the patient with explanation of the various possible options. Similarly, the patient must be advised of the possibility of using the procedures that apply to him/her in an educational or research project, including his / her prognosis, diagnosis or treatment.
The basic information that must be provided shall revolve around four substantive points:
1) the relevant safety implications of the procedure; 2) the risks associated with the patient’s personal or professional circumstances; 3) the potential risks in normal conditions given the expertise and the scientific knowledge directly linked to the procedure *Especially if there are referrals from previous procedures; 4) contraindications.