DOI: 10.62425/esbder.1730710 ISSN: 2687-2110

Medical Malpractice Situations that may be Caused While Obtaining Informed Consent in Unconscious Patients

Bahar Turgut, Mehmet Cenk Turgut, Ali Afşar
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In our study, the importance of informed consent in medical interventions and the difficulties encountered especially in emergency services are discussed. Informed consent includes the patient’s information and consent about the procedure. Informed consent is a legal requirement. However, this process becomes difficult in emergencies, when the patient is unconscious or when the patient’s relatives cannot be reached. This study was designed as a case report. In the incident, the patient’s relatives are informed and their consent is obtained. This consent must be obtained in writing. However, due to the patient’s life-threatening condition and the seriousness of his/her condition, we can say that “if the patient had been conscious, he/she would have consented to the surgical procedures to be performed in order to survive”. Therefore, it is also possible to accept the presumed consent in the case. Even if no consent was obtained from the patient’s relatives or only verbal consent was obtained, the doctors who performed the surgical procedures fulfilled their duty as doctors and are not legally responsible. For major surgical procedures such as the one in this case, the patient’s consent must be obtained in writing.

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