Regulación del consentimiento informado del paciente frente a enfermedades catastróficas.

Abstract

This research analyzes the possibility of making a reform of the Organic Health Law feasible in order to incorporate a differentiated procedure regarding informed consent for patients with catastrophic diseases in accordance with the principles of equity and the rights of autonomy and patient information. Due to the fact that, until now in the Organic Law of Health there is a legal insufficiency of protection at the moment of establishing the informed consent, which makes the health professionals look for the necessary means for the affirmation of the patient based on the lex artis. Through the comparative analysis with international regulations, the difference in the establishment of the patient's informed consent could be evidenced, giving the patient the power to refuse to sign the document and preventing the use of means beyond those accepted by the parties, although an individual model is not specified in the case of catastrophic diseases. Therefore, the proposal established seeks to recognize and differentiate the execution of informed consent for people with catastrophic diseases to improve their quality of life and alleviate in part the treatment of their pathologies.