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-:
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.


  

 

 

 

 

 

 

 

 

              

Medico Legal

   

     

-:Consent And Informed Consent :-

Consentcan be viewed from (1) Civil  (2) CriminalRemediespoint of view.

A]Consent from civil point of viewDefinition :Consensus ad idem i.e. twopeople 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 (Supressioveri )Ss 17a.)Information from patient regarding healthrelevant to treatment.b.) Information by physician topatient regarding diagnosis, treatment,procedure, duration and cost.(3) Nosuppression of any information ( Supressiosilence) Ss. 17.a.)Non disclosure by physician b.)Non disclosure by patient. (4)Preferably written (Ss. 7 to 9 of ICA).(5) Preferably signedby authorised person Ss. 10 to 14.a.)Above 18 years. b.)Sane. c.)  Naturalparents or guardian for minors.(6)Preferably signature be witnessed (Ss. 10to 14). (7) Withfree will 9Ss. (14), with out undueinfluence (Ss. 15) or persuasion (Ss.16)with out misrepresentation (Ss.18) orfraud (Ss.17) or mistake (Ss.20 to 23). B] Consent from crimespoint of view :(1)Act not intended to cause death, done byconsent in good faith for persons benefit(Ss. 88) , for insane person by or byconsent of guardian (Ss.89). (2)Consent not valid if given by child 12years of age or age or under intoxication,insane person or under fear ormisconception (Ss. 89). IMPORTANCEOF OBTAININGCONSENT

Patient andrelatives known what is going to be thenature of the disease, what kind ofinvestigations, references to specialistsare required, what kind of procedure isgoing to be performed and what is the riskinvolved. In short both the parties thatis patient and his doctor are thinkingsame thing in same sense. Thus both ofthem rhyme well. Legallyfor any action for negligence consent isthe basic document, which speaks aboutdoctor’s explanation of disease,procedure and risk told to patient. Ofcourse one can not impose acceptance ofunskillful ness and carelessness and riskarising out of non-availability ofprescribed standards for caring outtreatment or procedure or surgery.Apatient specific, procedure specific, withfull disclosure about disease andtreatment without hiding anything, withoutmisrepresentation, coercion, fraud, undueinfluence in writing and authorizedsignature witnessed is good enough.Consent can not hide orguard against negligence.