Specific of the informed consent in the Republic of Moldova

Abstract

Introduction. The informed consent represents an essential act in the accomplishment of the medical practice by which the patient participates in the medication. The bioethical, legal and medical doctrine regarding the informed consent reveals some key requirements regarding its content, but there are also some particularities that designate the cultural and professional nuances of ethical, legal and, last but not least, practical aspects that should be known both by physicians and patients for their correct application. Aim of the study. The research aims to elucidate some particularities of the informed consent in the national environment, based on the bioethical, legal and medical aspects. Materials and methods. At the completion of the study it was necessary to study materials from various books, journal articles and publications in volumes on bioethics, medicine and law, and statistical data obtained from official sources. The paper was structured and rendered by the analysis method, the comparative method, the statistical and hermeneutical method. Results. The ethical ground of the informed consent is achieved by respecting the dignity of the patient as a human being, presenting the patient's right to conscious self-determination and ensuring his safety in the doctor-patient relationship crystallized in the diagnosis and treatment phase. Procedurally, the informed consent comprises three essential components: informing the patient; patient awareness of the information received; assuming and expressing free and benevolent consent to medical tactics. Some sociological data reflect a positive attitude (72.6%) towards the regulation and the way of implementing in the medical practice the informed consent, which represents an opportunity to consolidate the patients' rights at the national level. At the same time, there are blank areas that need improvement (56.4%). It is important for the medical workers to raise awareness and make every effort to achieve this social goal. Conclusions. Some positions that reflect the specificity of the informed consent in the Moldovan environment area are fixed on the idea that: 1. The informed consent balances the moral and legal protection of the health care provider (physician, hospital, medical center, etc.) and the patient's rights; 2. Some practical medical aspects that frequently induce informed consent are required to be optimized; 3. The importance of informed consent is emphasized in potential cases of malpractice.