#LegallySpeaking: Consent & Its Medico Legal Aspects
Now open: Certificate Course in Management of Covid-19 by Govt. Of Gujarat and PlexusMDKnow more...Now open: Certificate Course in Management of Covid-19 by Govt. Of Gujarat and PlexusMDKnow more...
One of the duties of a doctor towards his patients is to obtain consent before any medical examination. Any such examination without prior consent amounts to an assault on the patient.

Consent is defined under the Indian Contract Act (because Doctor-Patient relationship is a contract) as "two or more persons are said to consent when they agree to the same thing in the same sense."

Consent may be implied, expressed or informed depending upon the circumstances. But the consent of the patient is not required in situations like medical emergency, for vaccination etc.

If the patient is not medically or legally competent to give consent, the consent of the parents or guardians or any person present at the time with the patient can be taken.

Any research on the potential subject, removal of organs for transplantation, a publication of information obtained during medical examination also requires the consent of the concerned person.

Below is the small representation of types of Consent, what is legally valid consent, and the situations where consent may not be obtained.

Source:
1. http://apiindia.org/wp-content/uploads/pdf/medicine_update_2007/153.pdf
2. https://www.japi.org/u2845464/-consent-its-medico-legal-aspects
Dr. I●●●●●●E G●●●A and 5 others like this4 shares
Like
Comment
Share
D●●●●h R●●a
D●●●●h R●●a General Medicine
In the case of Immigrants, what' s the rationale behind not asking them consent? Also the same with the Members of Armed forces
Sep 8, 2020Like