Significance of Consent of Patient in the Medical Decision Making
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This essay discusses the significance of patient's consent in medical decision making. It explains the types of consent and areas where it is required. The duty of medical providers to obtain consent from patients is also highlighted.
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Running Head: MEDICAL LAW AND ETHICS0 medical law and ethics Significance of consent of patient in the medical decision making MAY 26, 2018 student details:
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MEDICAL LAW AND ETHICS1 Introduction The consent of patient is serious issue in the extent of medical treatment. The principal of patient’s consent is most important in the medical ethics and the international human rights law. It is essential for patient to give valid consent to the medical treatment. As per the Indian law, it is a right of patient to know that what will be done to their body during their treatment. In this essay how the consent of patient is significant is discussed and examined1. What is patient’s consent? The patient’s consent is consent to treatment that patient is required to give permission before they have any medical treatment or medical test2. The elements of valid consent are following- 1.Voluntary- the person must made decision to give consent to the medical treatment themselves. They must not be affected by the other person or family members or friends or medical staff. 2.Keep informed- the information should be given to the person so that they can understand the benefits and risk of treatment and alternative treatment. 3.Capacity- the person should be capable to understand the given information. They should be able to use the information to give a decision. Types of patient’s consent- The types of patient’s consent are as follows- 1.Informed consent- the informed consent refers a voluntary acceptance make by the patients after the full understanding of medical care plan. 1Syed Naseem and Mohammad Naseem,Medical law in India(Kluwer law international, 2014) 2Tapas kumar Koley,Medical negligence and the law in India(Oxford university press, 2010)
MEDICAL LAW AND ETHICS2 2.Expressed consent- the expressed consent may be oral or written. The oral and written consent have same importance but the written consent is more valuable than oral consent. 3.Implied consent- the consent which is implied by the conduct of patient is called implied consent. 4.Tacit consent- it refers implied consent understood without stated. 5.Surrogate consent- surrogate consent means consent which is given by the members of family for the dead or minor. 6.Advance consent- advance consent is consent given by the patient in advance before his death. If patient is required major medical procedure like operation, then the consent of patient should be taken in the advance. 7.Proxy consent- the consent which is given by the person authorised by the patient before or after his death3. Relevance and area required consent of patient- As per the principal of patient’s consent if the adult is capable to give consent or refuse the medical treatment, then respect should be given to his decision. When person refused to give consent and resulted in his death, the still his decision must be respected. But if person is not capable of decision making about the medical treatment and lasting power of attorney (LPA) has not given to him then healthcare professionals can give the medical treatment in the best interest of patient4. Generally, the consent is given by the patient himself. In case of medical treatment of the children up to the age of 16, the person who has the parental responsibility can give consent 3Sandeep Bhat,Law of business contract in India(Sage publications India, 2009) 4The Indian Medical Council Act, 1956
MEDICAL LAW AND ETHICS3 to the doctors for the medical treatment5. But in following areas patient’s consent is not required- 1.In case of emergency treatment but the patient is incapacitated. 2.Emergency procedure during operation. 3.Treatment in case of mental health condition. 4.In case of risk to public health which results in rabies, cholera. 5.When patient is ill and living in unhygienic stipulation. The significance of patent’s consent in the decision making- The principal of patient’s consent or informed consent protects the legal rights of patients and directs the ethical practice of medical. It secures the patients against battery in the respect of unnecessary medical interventions. The patient’s consent also secures the rights of patient such as right of independence, right of self-determination, and right of inviolability. The appropriate capacity of making decision and the legal empowerment are the detriments of the authority who takes decision in medical6. Conclusion- As per the above analysis, it is clear that the patient’s consent may differ from state to state. It is the duty of medical providers that they should give the information about the benefits of consent, risk of patient’s consent, medical procedure, alternative medical treatment and other course of the medical treatment. They are required to obtain consent from patient to start medical treatment. It means this theory is based on the principal of patient’s consent. It is a duty of physician to tell the information to the patient and the patients are 5Sandeepa Bhat,Reflections on medical law and ethics in India(Eastern law house private ltd., 2016) 6Robin Kumar Sharma,Medico-legal aspects of patient care(Peepee publishers and distributors (P) limited, 2008)
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MEDICAL LAW AND ETHICS4 required to listen carefully. In case if they do not understand the given information then they can ask for more details and information.
MEDICAL LAW AND ETHICS5 Bibliography A.Articles/ Books/ Reports Bhat, S,Law of business contract in India(Sage publications India, 2009) Bhat, SB,Reflections on medical law and ethics in India(Eastern law house private ltd., 2016) Koley, TK,Medical negligence and the law in India(Oxford university press, 2010) Naseem, S, and Naseem, M,Medical law in India(Kluwer law international, 2014) Sharma, RK,Medico-legal aspects of patient care(Peepee publishers and distributors (P) limited, 2008) B.Legislations The Indian Medical Council Act, 1956