Informed Consent Obligation and Legal Validity Conditions

The most basic rule of medical law is this: “If there is no cause of justification (consent), even the most successful surgery can be considered ‘Intentional Injury’.” For this consent to be valid, the patient must know what they are consenting to, meaning they must be “Informed”.

1. What Must the Doctor Explain? (Scope of Information)

The doctor cannot just say “You need surgery” and have a paper signed. They must explain the following in detail:

1. Diagnosis: What is my illness?
2. Proposed Treatment: What will be done?
3. Risks and Complications: What are the possible bad results of the surgery? (Especially those frequently seen and very dangerous ones).
4. Alternatives: Is there another solution besides surgery?
5. Consequences of Refusal: What happens if I don’t get treated?

2. Burden of Proof is on the Doctor

If the patient says in court “The doctor didn’t explain the risks to me, if I knew I wouldn’t have done it”; the doctor and the hospital must prove that they informed the patient.

• Printed Forms are Insufficient: 10-page printed forms that just say “I accept all risks” can be considered invalid by courts (especially by the Court of Cassation). Forms where information is given verbally and in writing in a language the patient understands, and if possible where the patient writes “I read and understood” in their own handwriting are acceptable.

3. Emergency Exception

If the patient is unconscious and there is a life-threatening situation (e.g., Traffic accident), consent is not sought. The doctor performs the necessary intervention immediately to save life (Agency without authority).

Frequently Asked Questions

Q: Is consent more important in aesthetic surgery? A: Yes. In non-mandatory (elective/cosmetic) interventions, the obligation to inform is much stricter. Even the smallest possibility of scar, trace etc. must be explained to the patient.

Q: My spouse signed instead of me, is it valid? A: If the patient is an adult and conscious (mentally competent), they must sign personally. Signature of spouse or father (unless they are legal guardians) is invalid.

Legal Support: You can contact us for compensation lawsuits due to lack of consent and legal examination.

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Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.