INFORMED CONSENT AND THE CIVIL LIABILITY OF HEALTHCARE PROFESSIONALS: A LEGAL PERSPECTIVE

Abstract

This study aims to analyze the civil liability of healthcare professionals from a legal perspective, with an emphasis on informed consent as an instrument of patient autonomy and litigation prevention. It seeks to understand its historical evolution, the applicable principles, the foundations of medical civil liability, and the legal and ethical norms that regulate it, such as the Civil Code, the Consumer Protection Code, and the Medical Code of Ethics. It also intends to examine the validity requirements and the effectiveness of consent as a possible exclusion of liability, in light of doctrine and jurisprudence. The research is qualitative, descriptive, and exploratory in nature, using a deductive method, based on bibliographic and documentary review of legislation, doctrine, and judicial decisions. It concludes that informed consent is not merely a documentary formality, but an essential ethical and legal requirement for the humanization of doctor-patient relationships and for the prevention of legal disputes in the healthcare field.