Reflexões acerca da participação do paciente em estado de inconsciência na escolha do tratamento médico

Abstract

This work analyzes the participation of the patient in a state of unconsciousness in making decisions about his medical treatment, notably those who are temporarily in that state. For this, it conceptualizes the state of unconsciousness and transient civil incapacity, as well as identifies the conflicts and limitations that permeate the choices of therapeutic options to be applied to the patient in a state of unconsciousness. Throughout the work, the concepts of unconsciousness, civil capacity and autonomy of the will are explored, as well as their legal implications in the doctor-patient relationship. Afterwards, the participation of the incapacitated in the choice of medical treatments is analyzed, including addressing the living will and the lasting mandate. Finally, conflicts and limitations about treatment choices and alternatives in medical practice are examined. It concludes by the need to strengthen the advance directives of will, mainly through regulation by law, as well as, by the importance of expanding the use of bioethics committees.