This article has been written by Ms. Khushboo Kamal, a student of LL.B course, of Campus law centre, faculty of law, University of Delhi, North campus. Author is a 3rd year Law student.
INTRODUCTION:-
Consent is a fundamental principle in the medical field, which refers to the agreement of a patient or an individual to undergo medical procedures or treatments. Medical practitioners are expected to obtain consent from their patients before carrying out any medical procedure or treatment, whether it is an invasive surgery, a medical test, or a therapeutic intervention. Consent ensures that patients have the right to make informed decisions about their healthcare, based on their preferences, beliefs, and values. In this essay, we will discuss the importance of consent in the medical field and the ethical considerations surrounding it.
CONCEPT DETAILS:-
One of the primary reasons why consent is crucial in the medical field is that it protects the autonomy and dignity of patients. When patients are allowed to make informed decisions about their health, they feel respected and valued. This, in turn, leads to greater patient satisfaction and trust in the healthcare system. Furthermore, consent ensures that patients are aware of the risks and benefits associated with a medical procedure, enabling them to make informed decisions about their health.
Informed consent is a critical aspect of obtaining consent in the medical field. Informed consent means that patients have been provided with all the necessary information about the medical procedure, including the risks, benefits, and alternatives. Patients must have a clear understanding of the medical procedure, the potential risks and benefits, and any alternative treatments available. Additionally, patients should be made aware of any potential consequences of refusing medical treatment.
However, obtaining informed consent can be challenging, particularly when patients are not able to make their own decisions. In such cases, medical practitioners must obtain consent from the patient’s next of kin or legal representative. The medical practitioner must provide information to the next of kin or legal representative to ensure that they are making an informed decision on behalf of the patient.
Another ethical consideration surrounding consent is the issue of capacity. Capacity refers to an individual’s ability to make decisions about their healthcare. Patients who lack capacity, such as those who are under the influence of drugs or alcohol or those with severe mental health conditions, may not be able to provide informed consent. In such cases, medical practitioners must ensure that they obtain consent from the patient’s legal representative or the next of kin.
Consent is also critical in medical research. Medical research studies involving human subjects must obtain informed consent from participants. Participants must be provided with information about the research, the potential risks and benefits, and any alternative treatments available. Additionally, participants must be made aware of their right to withdraw from the study at any time.
CONCLUSION:-
In conclusion, consent is a fundamental principle in the medical field that protects the autonomy and dignity of patients. Medical practitioners must obtain informed consent from their patients before carrying out any medical procedure or treatment. Informed consent ensures that patients have a clear understanding of the medical procedure, the potential risks and benefits, and any alternative treatments available. Ethical considerations surrounding consent include issues of capacity and obtaining consent in medical research. Therefore, it is essential that medical practitioners respect the rights of patients and obtain informed consent before providing medical treatment.
CASE LAWS:-
Case laws on consent in medical field in india
In India, consent in the medical field is primarily governed by the landmark Supreme Court case of Samira Kohli v. Dr. Prabha Manchanda (2008). The case established the principle of “informed consent,” which requires doctors to provide patients with all relevant information about a medical procedure or treatment, including its potential risks and benefits, and obtain their voluntary and informed consent before proceeding.
Other notable cases include:
Spring Meadows Hospital v. Harjol Ahluwalia (1998): The Supreme Court held that a patient has the right to know the qualifications of the doctor treating them, and that the doctor must provide information about any risks associated with a medical procedure.
Malay Kumar Ganguly v. Dr. Sukumar Mukherjee (2009): The case dealt with the issue of whether doctors have the right to withdraw life support from a patient without the consent of the patient or their family. The Supreme Court held that doctors must obtain the consent of the patient or their family before withdrawing life support.
Kusum Sharma & Ors v. Batra Hospital & Medical Research Centre & Ors (2010): The case dealt with the issue of whether doctors can be held liable for negligence if a patient gives consent for a medical procedure but is not informed of all the potential risks. The Supreme Court held that doctors can be held liable for negligence if they fail to inform the patient of all the risks associated with a medical procedure.
In Samira Kohli Judgement, the Hon’ble Supreme Court of India laid down the following with regard to the informed consent:
- A “real and valid consent” [(i.e.)capacity and competence to consent] should be obtained from the patient prior to the commencement of the treatment, who accords consent voluntarily after being furnished with adequate information such as nature and procedure of the treatment, its purpose, benefit and effects, alternatives available, substantial risks and the adverse consequences of refusing the treatment to the patient.
- A consent obtained for a diagnostic procedure will not act as consent for therapeutic treatment, and a consent given for a specific treatment procedure will not be valid for conducting some other treatment procedure. Any additional surgery without consent can be performed only to save the life of the patient or preserve the health of the patient.
- A common consent can be obtained diagnosis and operative procedures which are contemplated and also for a particular surgical procedure that may become necessary during the course of the surgery.
- The nature of the information furnished should depend upon the physical and mental condition of the patient, nature of treatment and risks and consequences attached and should be of the extent which is accepted as normal and proper by skilled and experienced men in the particular field of medicine, and the American standard for consent is not used by Indian courts as of now.
Overall, these cases establish the importance of informed consent in the medical field and the duty of doctors to provide patients with all relevant information before proceeding with a medical procedure or treatment.
Aishwarya Says:
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