Abstract
Consent is an expression of autonomy and represents the right of a patient to make a decision in a medical matter concerning him. Consent is not just a procedural formality but also a legal requirement. The process of informed consent occurs when communication between a patient and physician results in the patient’s authorization or agreement to undergo a specific medical intervention. In India, the number of suits against doctors is increasing because of failure to take informed consent or inadequate consent from patients for various procedures. Any examination of a patient by the doctor without his consent amounts to assault (351IPC). Ignorance of laws is not a defense in negligence cases, so every practicing doctor should be aware of their responsibilities about consent in medical practice. Consent is not an option but a necessity in medical practice. Keywords: Consent; informed consent; autonomy
Highlights
The origin of the word consent is from the French word consente and Latin word consentire, which means cotogether+sentire feel
In Dr Ramcharan Thiagarajan Facs versus Medical Council of India case, [10] disciplinary action was awarded to the surgeon for not taking proper informed consent for the entire procedure of kidney and pancreas transplant surgery from the patient
Consent should be taken before the commencement of the Procedure and not during the course of the procedure
Summary
The origin of the word consent is from the French word consente and Latin word consentire, which means cotogether+sentire feel. Consent implies agreement to accept the consequences of an action. Two or more persons are said to consent when they agree upon the same thing in the same sense. [1] Consent means an agreement, compliance or permission given voluntarily without any compulsion. [2] Self-defense of the body (IPC sections 96 to102, 104, 106) provides the right to the protection of bodily integrity against invasion by others. The declaration of Helsinki (1964) adopted by the world medical association has emphasized the importance of obtaining informed consent for the subject of the aims, methods, anticipated benefits, potential hazard, and discomfort which the study may entail. The declaration of Helsinki (1964) adopted by the world medical association has emphasized the importance of obtaining informed consent for the subject of the aims, methods, anticipated benefits, potential hazard, and discomfort which the study may entail. [3]
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