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Revista de derecho (Valparaíso)

On-line version ISSN 0718-6851

Abstract

MAYER LUX, Laura. Patient Autonomy and Medical Criminal Liability. Revista de Derecho de la Pontificia Universidad Católica de Valparaíso [online]. 2011, n.37, pp. 371-413. ISSN 0718-6851.  http://dx.doi.org/10.4067/S0718-68512011000200009.

This article puts forward that, within the principles ruling the medical actions, the most legally binding principle is the patient's autonomy principle, which is based on the fact that the attending doctor delivers truthful, timely, complete and thorough information. This autonomy is evidenced by the fact that medical surgeries that affect the physical integrity or the health or even the patient's life, without the patient's consent, as well as the cancellation of the basis of the regulations against euthanasia - concept, classification and requirements of which are developed - are punishable. This autonomy is also evidenced by the early expression of will or living will, legislative proposal of which in the Chilean legal system will be addressed.

Keywords : Consent; Medical negligence; Euthanasia; Requested homicide; Early expression of will; Living will.

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