The informed consent in bioethics: illusion of exclusion of liability

Abstract

The proposal of our work is a critical account of the so-called “principles of bioethics”, precisely the “autonomy” and “informed consent” or clarified that have dominated the North American consensualismo, founded on moral kantiana, merged with the utilitarianism. For both, discorremos about ethos, as “originating” and own that speaks Aristotle, to designate the usual (mos, mores), which limited the act committed, on the task, on excellence in action, never on the idea of an absolute character. As regards autonomy, we distinguish the provisions applied in biomedical research, of medical treatment. In these, because of patient’s natural inability, weakened by disease, subjugated by the circumstances, which cannot control, so you miss the autonomy, the consent-informed (informed-consent) cannot be transformed into Disclaimer of doctor. Respect for patient care in making the connection of prudence required for clarifying the appropriate diagnosis and therapy, the patient’s benefit, simply therefore civil capacity. The informed-consent is becoming an instrument of abuse, which comes in an affront to our habits and our tradition, breaking with the physician-patient relationship, as the Medicine turned into mere technique than art.