It is also mandatory for medical work to have the patient's permission and consent before the patient performs the medical work. This permission may be explicit, and may be implied, and not in the manner in which it is issued. The important thing is to issue this permission from the patient before doing the medical work.
In order for satisfaction to be of legal value, the doctor must make clear to the patient the type of treatment or surgery in detail, until he is satisfied and is aware of the order.
And dispenses with the consent of the patient and his permission, the consent of the guardian and the permission if the patient is not entitled to it, or was unable to express his will.
If the medical officer does not obtain the consent of the patient or his representative prior to the commencement of medical work on his body, and despite this he undertakes medical work, his action in this case is criminal according to the general rules in this regard.
In some cases, however, the doctor may perform medical work on the patient's body without the consent or consent of the person acting on his behalf. However, he may not be punished in two cases:
First case: If there is a serious danger to the patient, and the circumstances do not allow consent, or the consent of the guardian, or the patient has explicitly refused medical intervention, in this case the non-punishment due to the state of necessity in order to save the patient's life is a barrier to liability Oh.
Case 2: If the medical intervention is a performance of the duty imposed by a legal rule, as is the case in cases of doctors being assigned to epidemics and general dangers, in which case the non-punishment is due to the performance of the duty, which is also one of the reasons for permissibility.
In order for satisfaction to be of legal value, the doctor must make clear to the patient the type of treatment or surgery in detail, until he is satisfied and is aware of the order.
And dispenses with the consent of the patient and his permission, the consent of the guardian and the permission if the patient is not entitled to it, or was unable to express his will.
If the medical officer does not obtain the consent of the patient or his representative prior to the commencement of medical work on his body, and despite this he undertakes medical work, his action in this case is criminal according to the general rules in this regard.
In some cases, however, the doctor may perform medical work on the patient's body without the consent or consent of the person acting on his behalf. However, he may not be punished in two cases:
First case: If there is a serious danger to the patient, and the circumstances do not allow consent, or the consent of the guardian, or the patient has explicitly refused medical intervention, in this case the non-punishment due to the state of necessity in order to save the patient's life is a barrier to liability Oh.
Case 2: If the medical intervention is a performance of the duty imposed by a legal rule, as is the case in cases of doctors being assigned to epidemics and general dangers, in which case the non-punishment is due to the performance of the duty, which is also one of the reasons for permissibility.