As cirurgias de esterilização e dever médico de informação: garantia ao livre consentimento do paciente

Abstract

Sterilization is a contraceptive method that for an extended period of time did not require patient consent, which caused an increase of lawsuits mostly disfavorable to doctors. That is because the doctor and patient relationship has a contractual nature and it is ruled by a principle of objective good faith, in which the duty to provide information is an imposed measure. Mostly because it is an irreversible and yet fallible contraceptive method, the realization of the procedure depends on the manifestation of the consumer's will, which has to be free and clarified to avoid further regret. It is the doctor's responsibility to analyze each individual characteristics before deciding which information is relevant to give during the medical appointment. Therefore the present study aims to point some objective criteria that may help doctors make this tough decision protecting the patient ́s fundamental rights and also prevent future disagreements between them.