Duty to inform: what it means in a professional's practice
Quick facts
- Definition
- The obligation to give the patient clear, adequate, and sufficient information to decide.
- Basis
- Consumer Defense Code, council rules, and the principle of patient autonomy.
- Content
- Indication, risks, alternatives, limits of the result, cost, and care instructions.
- Record
- Document the information and the patient's acceptance in the patient record and on the consent form.
The duty to inform is the professional's obligation to give the patient clear, adequate, and sufficient information so they can decide consciously. It is tied to patient autonomy and appears in Brazil's Consumer Defense Code and in the rules of professional councils. It takes concrete form in informed consent.
What should you tell the patient?
When does the information fail?
| Failure | Likely consequence |
|---|---|
| Language that is too technical | The patient signs without understanding |
| Talking only about benefits | Unrealistic expectations and complaints later |
| Informing on the day, with the patient lying down | A decision with no time to think |
| Not recording it | Difficulty proving what was said |
The duty to inform does not depend on whether the result is good or bad. A technically correct procedure performed without adequate information can give rise to civil liability. The discussion about obligation of means versus result adds to this.
Frequently asked questions
What is the duty to inform?
It is the obligation to explain to the patient, in accessible language, the procedure, its risks, alternatives, limits, and costs, so they can decide with awareness.
Does a signed consent form fulfill the duty to inform?
The form helps prove it, but it does not replace the conversation. The patient must understand the information, and the record must reflect what was explained.