Author/Editor		Novak, Barbara
Title		Pravni vidiki pojasnilne dolžnosti
Type		članek
Source		In: Flis V, Reberšek-Gorišek J, Rijavec V, et al, editors. Medicina in pravo: izbrana poglavja: 2001, 2002, 2003. Maribor: Splošna bolnišnica Maribor,
Publication year		2004
Volume		str. 175-86
Language		slo
Abstract		ln her contribution, the author discurses the legal aspects of informed consent. She establishes that the demand for consent of the individual to medical operations derives from the fundamental human right of self determination. The realisation of this right demands that the individual knows about his or her medical state and that he or she is also informed about the possibilities of its preservation or improvement, respectively. Therefore, the law imposes on the doctor the duty of informed consent, insuring the patient an overview of the situation and enabling him or her to make a free decision on himself or herself. She warns that the right to self determination as a universal, fundamental human right is guaranteed to everyone in all fields of life. As every fundamental right in a democratic society, the right to self-determination is allowed to be limited exceptionally and only, if the limitation is necersary. In accordance with the afore mentioned the right to self-determination, the doctor's duty to explain does not relate just to operation, that have classical medical indications and are necessary for the preservation of the patient's life and health, but also to explain other ramifications to patients wrthin their full capabiIity of understanding. The question of informing patients about medical operations without classical indications, or of informing patients who are incapable of understanding, presents the most legal problems, and therefore the author especially dedicates her contribution to them. Special dedication is given to the conditions relating to nutrition and cosmetic surgical operations. ln the case of cosmetic surgical operations, she is mainly interested in the patient's free informed consent. (Abstract truncated at 2000 characters).
Descriptors		PHYSICIAN-PATIENT RELATIONS INFORMED CONSENT MENTAL COMPETENCY PATIENT COMPLIANCE PATIENT ADVOCACY