• J Cajade Frías, C Castro Vilas, A Pérez-Carro, and T Labella Caballero.
• Servicio de ORL, Complejo Hospitalario de Santiago de Compostela, La Coruña, España. jcajade@yahoo.com
• Acta Otorrinolaringol Esp. 1999 Oct 1;50(7):505-11.

AbstractChanges in society's mentality have made health professionals get involved in legal aspects. In order to perform a correct medical proceeding, two premises must be fulfilled (Spanish Health General Law, 25th April 1986). First that it is carried out according to lex artis and second patient's consent. Consent needs as a prerequisite the adequate information; it is temporal, it can be revoked and it must be freely given and in writing (although it can be guaranteed by other means). Consent includes, on the patient's side, his/her acceptance of those risks inherent to the treatment. Nevertheless, it does not assure its results since doctor-patient's agreement is just related to means. If it were necessary, it is the doctor the one responsible to prove the consent was appropriately given. This would not be necessary when there is any kind of risk for public health or when the urgency allows no delay. Likewise, the assumption of the patient being under age or not able to take any decision will also be analysed. Features to be fulfilled by informed consent models are also analysed and a prototype is proposed.

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