Consent and Complications in Health Care: The Italian Context

Informed consent is the manifestation of the will that a patient freely expresses toward a medical treatment. The physician is responsible for acquiring informed consent for both medical and nursing procedures. Informed consent represents a juridical–deontological tool that allows therapeutic choice...

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Main Authors: Maricla Marrone, Enrica Macorano, Giuseppe Lippolis, Pierluigi Caricato, Gerardo Cazzato, Antonio Oliva, Benedetta Pia De Luca
Format: Article
Language:English
Published: MDPI AG 2023-01-01
Series:Healthcare
Subjects:
Online Access:https://www.mdpi.com/2227-9032/11/3/360
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author Maricla Marrone
Enrica Macorano
Giuseppe Lippolis
Pierluigi Caricato
Gerardo Cazzato
Antonio Oliva
Benedetta Pia De Luca
author_facet Maricla Marrone
Enrica Macorano
Giuseppe Lippolis
Pierluigi Caricato
Gerardo Cazzato
Antonio Oliva
Benedetta Pia De Luca
author_sort Maricla Marrone
collection DOAJ
description Informed consent is the manifestation of the will that a patient freely expresses toward a medical treatment. The physician is responsible for acquiring informed consent for both medical and nursing procedures. Informed consent represents a juridical–deontological tool that allows therapeutic choices to be shared with the user after having exhaustively explained the risks and benefits of the procedure itself. In fact, the physician has an obligation to provide the patient with clear and comprehensible information about the type of service, the methods of delivery, the benefits, the risks, even unforeseeable ones, and the complications. According to Italian legal guidelines, in cases of presumed health responsibility, the health professional accused of negligence will have to demonstrate that any complication that has arisen, although foreseeable, was not preventable. Through the analysis of a clinical case relating to the procedure of insertion of a bladder catheter performed by a nurse and a review of the literature, the authors explain the importance of the information that must be provided to the patient before carrying out any invasive procedure, even if not performed by the doctor. The authors describe the problem in the Italian context and propose a possible solution.
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spelling doaj.art-a2718eb0c40f49e49c6ebb00978b2ffd2023-11-16T16:44:13ZengMDPI AGHealthcare2227-90322023-01-0111336010.3390/healthcare11030360Consent and Complications in Health Care: The Italian ContextMaricla Marrone0Enrica Macorano1Giuseppe Lippolis2Pierluigi Caricato3Gerardo Cazzato4Antonio Oliva5Benedetta Pia De Luca6Section of Legal Medicine, Interdisciplinary Department of Medicine, University of Bari “Aldo Moro”, 70124 Bari, ItalySection of Legal Medicine, Interdisciplinary Department of Medicine, University of Bari “Aldo Moro”, 70124 Bari, ItalyAndrology and Kidney Transplantation Unit, Department of Emergency and Organ Transplantation-Urology, University of Bari, 70124 Bari, ItalySection of Legal Medicine, Interdisciplinary Department of Medicine, University of Bari “Aldo Moro”, 70124 Bari, ItalySection of Pathology, Department of Emergency and Organ Transplantation (DETO), University of Bari “Aldo Moro”, 70124 Bari, ItalyDepartment of Health Surveillance and Bioethics, Section of Legal Medicine, Catholic University, Fondazione Policlinico “A. Gemelli” IRCCS, 00100 Rome, ItalySection of Legal Medicine, Interdisciplinary Department of Medicine, University of Bari “Aldo Moro”, 70124 Bari, ItalyInformed consent is the manifestation of the will that a patient freely expresses toward a medical treatment. The physician is responsible for acquiring informed consent for both medical and nursing procedures. Informed consent represents a juridical–deontological tool that allows therapeutic choices to be shared with the user after having exhaustively explained the risks and benefits of the procedure itself. In fact, the physician has an obligation to provide the patient with clear and comprehensible information about the type of service, the methods of delivery, the benefits, the risks, even unforeseeable ones, and the complications. According to Italian legal guidelines, in cases of presumed health responsibility, the health professional accused of negligence will have to demonstrate that any complication that has arisen, although foreseeable, was not preventable. Through the analysis of a clinical case relating to the procedure of insertion of a bladder catheter performed by a nurse and a review of the literature, the authors explain the importance of the information that must be provided to the patient before carrying out any invasive procedure, even if not performed by the doctor. The authors describe the problem in the Italian context and propose a possible solution.https://www.mdpi.com/2227-9032/11/3/360informed consenturinary catheternursing procedure
spellingShingle Maricla Marrone
Enrica Macorano
Giuseppe Lippolis
Pierluigi Caricato
Gerardo Cazzato
Antonio Oliva
Benedetta Pia De Luca
Consent and Complications in Health Care: The Italian Context
Healthcare
informed consent
urinary catheter
nursing procedure
title Consent and Complications in Health Care: The Italian Context
title_full Consent and Complications in Health Care: The Italian Context
title_fullStr Consent and Complications in Health Care: The Italian Context
title_full_unstemmed Consent and Complications in Health Care: The Italian Context
title_short Consent and Complications in Health Care: The Italian Context
title_sort consent and complications in health care the italian context
topic informed consent
urinary catheter
nursing procedure
url https://www.mdpi.com/2227-9032/11/3/360
work_keys_str_mv AT mariclamarrone consentandcomplicationsinhealthcaretheitaliancontext
AT enricamacorano consentandcomplicationsinhealthcaretheitaliancontext
AT giuseppelippolis consentandcomplicationsinhealthcaretheitaliancontext
AT pierluigicaricato consentandcomplicationsinhealthcaretheitaliancontext
AT gerardocazzato consentandcomplicationsinhealthcaretheitaliancontext
AT antoniooliva consentandcomplicationsinhealthcaretheitaliancontext
AT benedettapiadeluca consentandcomplicationsinhealthcaretheitaliancontext