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is Law
     Right of
Doctors
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    FAQ’s

  

 

-:
Consent And Informed Consent :-

     

 


Consent
can be viewed from (1) Civil  (2) Criminal

 

Remedies
point of view.


A] 
Consent from civil point of view
Definition


  


Consensus ad idem i.e. two
people agree for same thing in same sense

 

(1)
Specific ( Indian contract act Ss. 1 to 5
)

   


    (a.)
Person specific

    (b.) Procedure specific

 


(2)
Disclosure of full information (Supressio
veri )Ss 17

      

     a.)
Information from patient regarding health
relevant to treatment.

    
b.) Information by physician to
patient regarding diagnosis, treatment,
procedure, duration and cost.

 


(3) No
suppression of any information ( Supressio
silence) Ss. 17
.

      

     a.)
Non disclosure by physician
b.)
Non disclosure by patient
.

 


(4)
Preferably written (Ss. 7 to 9 of ICA).

 


(5) Preferably signed
by authorised person Ss. 10 to 14.

  

       
a.)
Above 18 years
.

       
b.)
Sane
.

       
c.)  Natural
parents or guardian for minors.

 


(6)
Preferably signature be witnessed (Ss. 10
to 14)
.

 


(7) With
free will 9Ss. (14), with out undue
influence (Ss. 15) or persuasion (Ss.16)
with out misrepresentation (Ss.18) or
fraud (Ss.17) or mistake (Ss.20 to 23)
.

 


 


B] Consent from crimes
point of view :


 


(1)
Act not intended to cause death, done by
consent in good faith for persons benefit
(Ss. 88) , for insane person by or by
consent of guardian (Ss.89)
.

 


(2)
Consent not valid if given by child 12
years of age or age or under intoxication,
insane person or under fear or
misconception (Ss. 89).

 

IMPORTANCE 
OF OBTAINING 
CONSENT




  

Patient and
relatives known what is going to be the
nature of the disease, what kind of
investigations, references to specialists
are required, what kind of procedure is
going to be performed and what is the risk
involved. In short both the parties that
is patient and his doctor are thinking
same thing in same sense. Thus both of
them rhyme well.
Legally
for any action for negligence consent is
the basic document, which speaks about
doctor’s explanation of disease,
procedure and risk told to patient. Of
course one can not impose acceptance of
unskillful ness and carelessness and risk
arising out of non-availability of
prescribed standards for caring out
treatment or procedure or surgery.

A
patient specific, procedure specific, with
full disclosure about disease and
treatment without hiding anything, without
misrepresentation, coercion, fraud, undue
influence in writing and authorized
signature witnessed is good enough.

    


    Consent can not hide or
guard against negligence.

 

  

 



 

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  ” ); //–>

              

 
Medico Legal
 

   

     

What is Law     Right of Doctors     Responsibilities     Negligence     Consents     Records     Cases
   
Legislations    Medical Ethics    FAQ’s

  
 

-: Consent And Informed Consent :-

     
 

Consent can be viewed from (1) Civil  (2) Criminal
 
Remedies point of view.

A]  Consent from civil point of view Definition
  
Consensus ad idem i.e. two people agree for same thing in same sense
 
(1) Specific ( Indian contract act Ss. 1 to 5 )
   
    (a.) Person specific
    (b.) Procedure specific
 
(2) Disclosure of full information (Supressio veri )Ss 17
      
     a.) Information from patient regarding health relevant to treatment.
    
b.) Information by physician to patient regarding diagnosis, treatment, procedure, duration and cost.
 
(3) No suppression of any information ( Supressio silence) Ss. 17
.
      
     a.) Non disclosure by physician
b.) Non disclosure by patient.
 
(4) Preferably written (Ss. 7 to 9 of ICA).
 
(5) Preferably signed by authorised person Ss. 10 to 14.
  
        a.) Above 18 years
.
        b.) Sane
.
        c.)  Natural parents or guardian for minors.
 
(6) Preferably signature be witnessed (Ss. 10 to 14)
.
 
(7) With free will 9Ss. (14), with out undue influence (Ss. 15) or persuasion (Ss.16) with out misrepresentation (Ss.18) or fraud (Ss.17) or mistake (Ss.20 to 23)
.
 
 
B] Consent from crimes point of view :
 
(1) Act not intended to cause death, done by consent in good faith for persons benefit (Ss. 88) , for insane person by or by consent of guardian (Ss.89)
.
 
(2) Consent not valid if given by child 12 years of age or age or under intoxication, insane person or under fear or misconception (Ss. 89).
 
IMPORTANCE  OF OBTAINING  CONSENT


  

Patient and relatives known what is going to be the nature of the disease, what kind of investigations, references to specialists are required, what kind of procedure is going to be performed and what is the risk involved. In short both the parties that is patient and his doctor are thinking same thing in same sense. Thus both of them rhyme well. Legally for any action for negligence consent is the basic document, which speaks about doctor’s explanation of disease, procedure and risk told to patient. Of course one can not impose acceptance of unskillful ness and carelessness and risk arising out of non-availability of prescribed standards for caring out treatment or procedure or surgery. A patient specific, procedure specific, with full disclosure about disease and treatment without hiding anything, without misrepresentation, coercion, fraud, undue influence in writing and authorized signature witnessed is good enough.
    
    Consent can not hide or guard against negligence.