Civil Liability of Healthcare Professionals for Infringement on Patient Self-Determination

Abstract

The thesis proposed in this article will advocate for an interpretation of the regulations and principles that govern the current Chilean tort law, acknowledging the presence of an independent compensatory component. It would consider as compensable damage, of a non-pecuniary nature, those resulting from the failure to comply with medical information duties - to inform and to obtain informed consent -. Specifically, it would manifest itself in patients being prevented from exercising their right to self-determination in health care due to lack of information, inadequate information, or lack of informed consent. We maintain that the exercise of patients; right to self-determination in the medical field is a legally relevant interest that deserves compensatory protection.