Abstrakt
Following the ratification of the Convention on Human Rights and Biomedicine in 2001, Czech health law had to undergo important changes in order to strengthen the autonomy of will of the patient. Health law reform peaked with the enactment of three laws which entered into force in 2012 including Act on Health Services which regulates informed consent to health services.
General regulation of informed consent to an intervention to integrity is to be found in the Civil Code which entered into force in 2014. Both laws put a strong emphasis on the individual and their free will, leading to a modern regulation of informed consent as the basic and the most usual legal grounds for the provision of health services.
The failure to provide sufficient information establishes the provider's liability for moral harm. Nevertheless, there are several important uncertainties regarding informed consent.
For example, there is not defined the minimum probability of risk which establishes the obligation to inform the patient about it. It is also difficult to prove the causal link between the failure to provide sufficient information and a personal injury which occurred as a result of materialisation of the inherent risk of the procedure.