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In Ecuador, the article 15 of the Code of Medical Ethics in Ecuador states: “The Doctor / Practitioner will not make any surgical intervention without previous authorization from the patient, if the patient cannot authorize it by itself, so it should be authorized by its representative or family member unless this involves the patient´s life under risk in a short period of time. In all cases the authorization must include the following information: type of intervention, the risks, and the possible complications.

The National Court of Justice of Ecuador (Ecuadorian Supreme Court), in reference to the article 15 of the code of medical ethics of Ecuador is pronounced in the following way: “This obligation if in abstract reference towards each professional´s duties, whether they are a medic, attorney, architect, so in the event of non-compliance with this duty, the right of every citizen to demand it arises, in other words, receive the informed consent that translates into the obligation, for example, of doctors to inform the patient in a timely manner about their state of health, the risks, and that they can opt for the treatment that is convenient for them. The existence of responsibility arises when a duty is infringed. The articles 52 and 54 of the Constitution grant the citizens the right to demand an optimal quality of any service delivery and the possibility to file a claim in the event of damage and the right to reparation by means of compensation due to the affectation suffered by deficiencies or damages, unless there had been the consequence of a fortuitous event or force majeure, only in this case there would be no responsibility.

A Health Care Power of Attorney is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself. It gives that person (called your REPRESENTATIVE) instructions about the kinds of medical treatment you want and recognized by the hospital and clinics in Ecuador in case you need a surgical procedure.

This legal status goes into effect only after a physician has determined that you are unable to make medical decisions for yourself, and only lasts for the duration of your incapacity. For instance, in the case of a temporary illness or surgery, your Health Care Agent no longer has that authority as soon as you are capable of making your own choices, and it has to be stated on the Power of Attorney such limitation.

During the time you are unable to make your decisions about your health care and treatment, the Medical Power of Attorney gives the person you name the legal power to speak FOR YOU.

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IMPORTANT: The information contained in this article is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

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