Tortious liability of the physician in the context of patient informed consent from the viewpoint of judicial practice
General Medicine, 2025, 27(6), 47-52.
M. Valkanova1, A. Georgieva2
1Department of Medical Ethics and Law, Department of Social Medicine and Health Care Organization
2Department of Health Care, Faculty of Public Health, Medical University “Prof. Dr. Paraskev Stoyanov” – Varna
Abstract. Under Bulgarian law, informed consent is a condition for the legality of a medical act. It is a legal means of allocating risk in medicine. Therefore, in many different cases, courts base their assessment of the illegality of the actions of practitioners with a view to realizing civil tort liability (tort), proceeding from the absence or presence of valid consent of the patient. In this regard, this review aims to present a brief overview of the case law, answering some questions regarding gaps in informed consent in the context of realizing civil tort liability.
Key words: informed consent, tort, doctor, patient
Address for correspondence: Prof. Maria Valkanova, PhD, e-mail: m.valkanova02@gmail.com