The Informed Consent for Surgery. Update for Belgium in 2008

Abstract

Until the no-fault law in Belgium (15/05/2007) comes in action on 01/01/2009 it will be a system of fault to prove. Therefore the informed consent stays a mean or not liability progress. At this moment it stays a problem for the surgeon when he has not given any information about informed consent to the patient. If an operative intervention is unlawful. Then the signature of the patient does not remove the unlawful character of this intervention. Also the decline in standard forms with no personal contact and loss of individual adaptation cannot give a good result of information. The consequences of informed consent and how to prove the informed consent in medico legal setting are important for the surgeon’s behavior.

For the surgeons it will be a duty to make good informed consent brochures and forms that are adapted to the needs of the individual patients. First an oral and personal explanation between the surgeon and the patient has to be done during the first consultation. Secondly a form has to be handed over to the patient. Thirdly the patient must have the possibility to read it. Fourth the patient has to give his oral and written informed consent to the surgeon before being operated on by that same surgeon or any member of his staff. There is always a risk for sanctions in several procedures like criminal law and civil law until the no-fault system comes into action on 01/01/2009.

Key Words:

• Informed consent
• medico legal consequences
• surgeon’s behavior

Additional information

Notes on contributors

F.J.M.P. Somville

F. J. M. P. Somville Dept. of Epidemiology and Community Medicine Universiteitsplein 1 B-2610 Wilrijk, Belgium