Análisis de la responsabilidad médica en casos de embarazos con amenaza de parto pre-término, después de la semana 34, ante la ausencia o error en el consentimiento informado

Abstract

the obstetric acts can derive both ethical and legal responsibilities. Faced with this, informed consent is a legal instrument that guarantees that the principles that guide the ethics of the health professional and the rights of the patient are not violated. The lack of knowledge on the part of the care and administrative staff of the characteristics, elements and importance of this legal requirement produces an excess in the claims against these professionals. This article presents a reflection on the ethical implications and the legal consequences of the omission or error in the application of informed consent, particularly when dealing with cases of pregnancy with threatened pre-term delivery, after week 34. In This specific period of embryonic development presents some variables that should be noted; On the one hand, it is essential that the pregnant woman be correctly informed about the clinical conditions and possible treatments; on the other hand, it is important that the trafficker considers the possible physiological consequences and consigns them in the informed consent. Now, the main conclusion of this reflective exercise is that the knowledge of the responsibility (ethical and legal) that implies the omission or the errors in the informed consent can diminish the demands to the professionals of the health whenever it implies an awareness of the importance of preserving the principles (dignity and autonomy) and compliance with legal requirements.