June 15, 2015 2:34:55 am
Sushma Swaraj said Sunday that Lalit Modi had told her he needed travel papers as he had to be present in Portugal to “sign the consent papers” for his wife’s surgery on August 4. However, Portuguese law does not require such a “written consent”.
As per Portuguese law dealing with “right to informed consent”, “a written consent is not required in Portugal. The Criminal Code stipulates that the consent can be expressed through any means that conveys the serious, free and informed will of the titular of the legally protected interest.” It adds, “A minor of 14 years of age and more can give valid consent to medical treatment if he has the ability to fully understand what is involved in the medical treatment in question.
Consent is only valid when the diagnosis and nature, range, magnitude and the possible consequences of the intervention or treatment have been duly explained to the patient, unless that implies the communication of circumstances which, if the patient were to know about them, would endanger his life or would be deemed liable to cause serious harm to his physical or mental health.”
It adds intervention without consent is not punishable if it can be obtained by means of a delay that would imply danger to the life or serious injury or the health of the patient. Further, according to the Criminal Code of Portugal, consent can freely be revoked under specific provisions. In case of legal incapacity, the law clarifies, it is necessary for the legal representative to be informed and his consent to be obtained.
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