"They made me sign the informed consent before the operation without reading it. Is that correct?"
The association for citizen participation and protection answers questions about rights and access to health services
After a herniated disc in my back that was causing me severe and persistent nerve compression, I underwent an operation to surgically remove the herniated disc fragment. The operation, which had been planned for some time, took place in a famous hospital in Rome and was performed by a team of surgeons experienced in this type of operation. The removal of the hernia was successful but, unfortunately, as a consequence of the operation I suffered damage to a nerve in my leg and a strong alteration in sensitivity. Today, several months after surgery, I am still undergoing a specific rehabilitation plan to regain function. The doctors tell me that this is something that can happen and that I was properly informed before the operation, in fact I saw the consent form I signed and there was this kind of information. I point out that I signed the form just before going into the operating theatre and nobody explained anything to me, they just told me to sign. Is it correct that the patient is not given detailed information before undergoing such an operation?
Informed consent is a fundamental principle in modern healthcare practice, representing the cornerstone of the relationship between patient and doctor. It is defined as the person's free and informed acceptance of a medical treatment or diagnostic test after having received complete and up-to-date information on the modalities, benefits and foreseeable risks.
In Italy, Law No 219 of 22 December 2017, which came into force on 31 January 2018, regulates informed consent from a regulatory point of view. In fact, it establishes that a person must give his or her free and informed consent to any health treatment that concerns him or her, to be informed, not to be informed if he or she prefers so, to indicate a trusted person, to change his or her mind, and to refuse the proposed treatment or assessments. In addition, the law for the first time in our country has provided for DAT - Declares of Anticipated Treatment, to express one's wishes on one's treatment for when one is no longer able to decide autonomously.
The legal requirements for informed consent
.From a legal point of view, the law defines certain aspects that informed consent must possess.
- Detailed information: patients have the right to complete and up-to-date information on their health condition, possible treatment options and foreseeable risks.
