Informed Consent

Informed Consent, in La Clínica El Rosario, is the expressed will of the patient or his or her legal guardian, who, fully in control of their mental capacities and in exercise of their freedom, manifest their intention of participating in a medical treatment. This can only come after the patient has been informed of the treatments’ side effects and alternatives. This is done so that the will of the patient is respected. It also ensures that the decisions taken are rational and that fraud is not being committed. It integrates the patient in his or her care and promotes medical responsibility on the civics and the professional domains.

General Conditions

Ability to discern and dissent. Human acts, according to our legal system, must be consenting in order to be consider fully binding. This consent must not be tainted with vice, error, force or intent (Art. 1508 civil Code). Consent gets is validity from:

  • Its requirements, which demand that consent be: Personal, conscious and informed, current, manifested, free, complete, requested or required and specific.
  • Be provided by a person of age. If minors emit a valid consent to which his or her parents agree, it will be considered valid. Otherwise, it is their parents who can decide the fate of their children.
  • In regards to mentally ill people, it is their guardians who have priority over the decisions that relate to them. In that sense, they can consent or deny treatment as they see fit. If the mentally ill person does not have a designated guardian, it is his or her relatives to whom that power is bestowed upon.
  • Must be expressed through personal freedom.


  • All relevant information to the consenting act must be given before the act of consenting takes place. Providing that information is a task that should be carried out by the doctor at a time where it is convenient for the patient.
  • Consent must be given for every procedure in the correct form unless the patient has preemptively agreed with the procedures imparted beforehand.
  • In surgical procedures, the form will be read and signed by the patient in the pre-anesthesia consultation and added to the surgery’s documentation, which is then signed by the doctor before the surgery can take place.
  • In local anesthesia procedures, the form will be read and signed by the patients on the same day that it takes place, in the surgery services.
  • In urgent cases where it is not possible to obtain informed consent, the doctor will carry the treatment out and, after the fact, will inform the patient or caretaker about what has been administer to him or her, leaving updated records of the patient’s medical history.

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