the research topic has had sufficient time to consider whether or not they are participating; and the processing must not be carried out without your consent, unless care and treatment are necessary in an emergency where you do not have the opportunity to give your consent. However, you have the right to refuse the information and processing. Or you can hire someone in advance to make decisions for you through living wills or other legal documents. You can also request that the minimum necessary information be provided and trust your doctor to make the decisions for you. At the same time, valid consent laws prohibit a health care provider from denying the patient a diagnosis, even if the family requires it. It is important to participate in the informed consent process. After all, you are the one who receives the treatment if you give your consent. In the event that a patient declares that he does not wish to be informed, in accordance with Article 9.1 of Law 41 / 2002, “his will be respected by declaring his resignation in a documentary manner, without prejudice to obtaining his prior consent for the intervention”. Under federal regulations protecting the rights of participants in human research in Mexico, the General Health Law is the legal regulatory body for ethics.
In some cases, such as a physician`s physical examination, consent is implied and understood. For more invasive procedures or those that pose significant risks or for which alternatives are required, informed consent must be submitted in writing and signed by the patient. Valid consent is a process of communication between you and your health care provider that often leads to an agreement or permission for care, treatment or services. Every patient has the right to obtain information and ask questions before procedures and treatments are performed. When adult patients are mentally empowered to make their own decisions, medical care cannot begin until they have given their valid consent. For example, some research deals with issues associated with a certain intimacy of subjects, but in the ally that should ethically foresee such an intrusion, the requirement of the presence (and signature) of witnesses in the form of IQ, as stated in the norm, in some studies of a more social or psychological type, may be a way to penetrate the individual ethical space. Attack on their autonomy. Therefore, it is important that it is an ethical coma associated with the researcher himself,1°, which weighs all investigative situations and anticipates all the possible dilemmas they present in human studies, preventing the compensation of Dafios only from a legal point of view. Assess the understanding of the information that has been given and received; It is not an easy thing. More than the criteria that also legally determine who is a competent person capable of deciding and understanding the information provided, or, more than the content of the information, the understanding of the information given to obtain consent is based on the communication that two moral agents establish in a particular context during the development of an investigation8, biomedical or social.
Formalizing obtaining consent can have several alternatives: express it clearly orally or sign a declaration of consent. Oral acceptance has the characteristic that it is left to the examiner to provide evidence or evidence for acceptance. The formalization of written consent to compliance is carried out through a structured format () of the study description and the explanation of the rights of the participants. Written informed consent appears to have the advantage of recording the type of information provided to the participant and not just in the researcher`s or researcher`s memory.9 Informed consent is based on the principle of autonomy[5], that is.dem the patient`s right to be recognized as a free person and holder of his or her decisions. [2] The patient must be able to communicate his decision and have been properly informed of his possibilities, i.e. they cannot be decisions made because of delirium or hallucinations. The patient`s decision is in line with his values and objectives and remains stable over time if no changes have been made to the same subject. A patient`s family members do not have the right to require the patient`s physician not to provide certain details or information. Unfortunately, ethical responsibility is sometimes set aside and legal aspects are prioritized. The truth is that an ethical investigation is a scientifically valid and legitimate investigation. Under this motto, the legal requirements must be considered as a minimum of enforceable ethics1° that would allow satisfactory compliance with both.
In summary, a list of the basic and additional elements that constitute informed consent is provided (Table 2).17,28 If a health care provider decides that a patient does not have the capacity to make decisions due to intoxication, injury, illness, emotional stress, or other reasons, the patient may not be able to refuse treatment. In general, the law assumes that a reasonable person has consented to treatment in most emergency situations in order to prevent permanent disability or death. Or your provider can explain your treatment. And then ask him if he agrees with him. Not all medical treatments require written consent. Consent must be consciously and voluntarily signed by the patient, who can accept or reject it. The goal is for him to be able to make decisions about his health in accordance with his free will.