Autonomy of the patient's will and capacity to consent: a reflection on the irresistible coercion
DOI:
https://doi.org/10.11606/issn.2316-9044.v17i2p98-116Keywords:
Autonomy of the Will, Doctor-patient Relationship, Irresistible Coercion.Abstract
This paper aims to investigate the validity of the patient's consent from the moment that he is influenced by pain and suffering and needs to declare that he will accept a particular treatment. The research is interdisciplinary and uses the general theory of civil law for the validity declaration of the legal business. The doctor-patient relationship requires a complete overview on the elements and requirements that are to be valid in law. As a starting point, this article analyzes the doctor’s relationship with Jehovah’s Witness religion, to check the validity requirements of the statement of intent. It investigates the expression of the will as the main element of the transaction to define at the end those conflicts involving the study of freedom of choice and the difficulty of resolution of cases in concrete.
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The Revista de Direito Sanitário/ Journal of Health Law adopts the conditions of the Creative Commons Attribution 4.0 Internacional. This license allows to share - "copy and redistribute the material in any medium or format for any purpose, even commercially" and adapt - "remix, transform, and build upon the material for any purpose, even commercially." Details at: https://creativecommons.org/licenses/by/4.0/deed.en