Consent and the Indian medical practitioner

• Main Authors: Ajay Kumar, Parul Mullick, Smita Prakash, Aseem Bharadwaj
• Format: Article
• Language: English
• Published: Wolters Kluwer Medknow Publications 2015-01-01
• Series: Indian Journal of Anaesthesia
• Subjects: Doctor-patient relationship; Indian law; informed consent
• Online Access: http://www.ijaweb.org/article.asp?issn=0019-5049;year=2015;volume=59;issue=11;spage=695;epage=700;aulast=Kumar

Consent is a legal requirement of medical practice and not a procedural formality. Getting a mere signature on a form is no consent. If a patient is rushed into signing consent, without giving sufficient information, the consent may be invalid, despite the signature. Often medical professionals either ignore or are ignorant of the requirements of a valid consent and its legal implications. Instances where either consent was not taken or when an invalid consent was obtained have been a subject matter of judicial scrutiny in several medical malpractice cases. This article highlights the essential principles of consent and the Indian law related to it along with some citations, so that medical practitioners are not only able to safeguard themselves against litigations and unnecessary harassment but can act rightfully.