Informed consent in medical civil liability and the reversal of the burden of proof

Herrera Navarro S.; Herrera Mena T.K. · Revista de Ciencias Sociales (2026) · DOI: 10.31876/rcs.v32i.45856

Resumen

This descriptive-documentary study addresses a current topic because informed consent is based on the principle of autonomy of will, which is the right of every person to express their will in all aspects of their daily life—decisions that must be made freely and voluntarily without any coercion. The objective of this research was to critically analyze the impact of informed consent from the perspective of medical civil liability, with special emphasis on the reversal of the burden of proof. Among the findings, it is noteworthy that consent without having been properly informed constitutes civil liability warranting compensation. Conversely, adequate informed consent establishes an exemption from liability. Therefore, in conclusion, informed consent is an obligation in all medical treatment, and the failure to provide adequate information to patients during interventions results in liability for damages caused when there is intent or inexcusable negligence. Licencia de Creative Commons Atribución 4.0 Internacional (CC BY 4.0) https://creativecommons.org/licenses/by/4.0/deed.es

Instituciones: Universidad Nacional de Piura