Legal Aspects Of Consent Research Articles

Contours of data protection in India: the consent dilemma

ABSTRACT Amid the rapid advancement of digital technology in India, there is a growing concern regarding data protection and digital privacy. The recent DPDP Act 2023 also reflects the significant emphasis on a robust privacy practice. This paper examines the effectiveness of consent, a crucial principle and a subject of many debates in data privacy regimes. Despite being a cornerstone of privacy regimes globally, the consent-based approach has significant limitations. For instance, its binary character allows for a yes or no response and its inability to guarantee data subjects to make an informed choice. The study is set against the prominent data breaches and the Indian Government’s effort to strengthen data protection measures. The study also examines the theoretical and legal aspects of consent by analysing the fundamental ideas that form the basis of the DPDP Act, 2023, protecting the consent framework. It questions whether the current form of the Act aligns with the landmark Privacy Judgement. It concludes by exploring alternative and more adaptable mechanisms for implementing informational privacy that might effectively address the specific issues in the Indian context while taking inspiration from other jurisdictions like the EU.

Dare we rethink informed consent?

Current informed consent practices conform to the informed consent paradigm (ICP). Our intention is finally to promote patient autonomy through the provision of information intended to remove the information (i.e. power) differential between doctor and patient. ICP is fundamentally flawed, since it is impossible to comprehensively and explicitly inform. A fundamental problem is our reliance on the container-conduit metaphor of informing. As a linguistic act, this metaphor conceptualises the process of informing as passive, when in reality informing and consequent sense-making are parts of an individualised, personal and active process. The difficulties of the ICP are discussed, as are possible alternative strategies (reverting to paternalism, retaining the illusion of autonomy, and de-linking informing/consent, or the moral and legal aspects of consent). Alternative models are also discussed (e.g. Manson and O’Neill’s notion of informed consent as a transaction). Concluding suggestions include drawing on an ethics of responsibility, incorporating the notion of informed consent as a transaction, debating the issues raised here and promoting the ethical empowerment of practising doctors.

Safeguarding children in osteopathic practice part 2: Managing concerns about children

Osteopaths working with children are likely to encounter child abuse and neglect. In this second of two parts we discuss how to manage safeguarding concerns that may arise in osteopathic practice. We review whether to involve GPs and social services to make informal enquiries and the use of anonymised “what if” conversations. We encourage osteopaths to check family backgrounds and be active in excluding risk. We also discuss practical ethical and legal aspects of consent and confidentiality that can often arise in safeguarding cases. Osteopaths with concerns should feel confident in contacting social workers for a second opinion and for many cases it is not necessary to identify the patient. When details of the patient are communicated, ideally this should be done with the parent's permission to help families in need. In cases where a child may be at risk it may be more appropriate to discuss with a social worker without a parent's or patient's consent. It is the best interests of the child that should guide the osteopath in his management of suspicions of abuse or neglect.

Book review: Legal aspects of consent

Book review: Legal aspects of consent

Books and Correspondence

This book by Bridgit Dimond provides a very enjoyable and easy to read text concerning the legal aspects of consent. It is both concise and comprehensive in its execution. The book has a very wide target audience, consisting of those within a management or supervisory position and all health professionals, as well as patient groups, service users and their representatives. The book could also provide good material for use by student health professionals during their training, as it provides a very clear picture of how and when consent can be given, and under what circumstances decisions can be over-ruled (and by whom). For those already practicing it provides legal justifi cation for acting, or not acting, within situations that could occur, and therefore provides a degree of protection to both the profession and those with whom they work.

Legal Aspects of Consent – Second edition Bridgit Dimond Legal Aspects of Consent – Second edition Quay Books 350 £22.50 978 1 8564 2384 7 1856423840

Legal Aspects of Consent – Second edition Bridgit Dimond Legal Aspects of Consent – Second edition Quay Books 350 £22.50 978 1 8564 2384 7 1856423840

Legal Aspects of Consent – Second editionLegal Aspects of Consent – Second edition

This edition of Bridgit Dimond’s book is a compilation of situations where consent is required in health care and how it is applied in legal terms. It starts with an introduction to general law and consent.

Validity of consent - A review of statutes

In recent years there have been a number of malpractice suits based on lack of consent or inadequate consent from the patient for the procedure used in treatment. This is a particularly dangerous suit for the doctor since the burden of proof lies on the doctor. Furthermore since the suit is based on intentional assault, some insurance policies do not cover the doctor for his liability. The common meaning of consent is permission, whereas the law perceives it as a contract i.e. an agreement enforceable by law. So a doctor needs to understand the legal basis of consent rather than the common meaning of it. The present article aims to discuss the various legal aspects of consent as viewed in the Indian law.

Book Review: Legal aspects of patient confidentiality, Legal aspects of consent, Legal aspects of pain management

Book Review: Legal aspects of patient confidentiality, Legal aspects of consent, Legal aspects of pain management

Legal Aspects of Consent ‐ Legal Aspects of Nursing Series

Legal Aspects of Consent ‐ Legal Aspects of Nursing Series

Consent in psychiatry – an ethical review

The aim of this article is to give a historical overview of the concept of consent to treatment and its development – one of the most important ethical and legal issues in recent years. Through the discussion of a number of high-profile examples, it deliberates the ethical and legal aspects of consent to treatment today and their implications for psychiatrists' clinical work.

Legal Aspects of Consent Legal Aspects of Consent

This pocket-sized book covers succinctly all the legal aspects of consent. It starts with a general overview of the sources of law from which the present position on consent derives, and the ways in which consent can be given. This is followed by an explanation of the duty of health professionals in giving information to the patient and explaining risks.

Legal aspects of consent 23: Department of Health guidelines

This is the last article in the series on the legal aspects of consent. It looks at recent guidance that has been published by the Department of Health on consent for examinations and treatment. It discusses the content of this document and covers the main principles which apply in relation to consent as highlighted in this series.

Legal aspects of consent 20: research/children/incapable adults.

James is 10 years old and is suffering from leukaemia. He has had a bone marrow transplant which at first appeared to succeed, but has now failed. The health authority has refused, in the best interests of James, to fund further chemotherapy and a second bone marrow transplant. However, the pioneer of a new treatment for leukaemia has offered to provide treatment for James without any cost to the family. The family is tempted by the possibility of James' life being saved. What is the law?

Legal aspects of consent. 19: Research/mentally competent adult.

Sylvia was admitted to hospital for an hysterectomy. Before the operation, she agreed to take part in a research project designed to test the effectiveness of different forms of operative care, and undertstood that some additional tissue would be removed. The day after the operation she suffered from extreme pain and felt sure that this was because of the additional procedure undertaken. She now regrets agreeing to participate in the research and is wondering what action she can take. What is the law?

Legal aspects of consent 18: issues relating to euthanasia.

Norah was in the terminal stages of cancer. She lived with her single daughter, Jane, and was being cared for by Macmillan nurses who came to see her daily. She was on a high level of morphine but still suffered considerable pain. A consultant in palliative care visited her to reassess her medication levels, but Norah found that the new medication still left her with considerable discomfort and pain. Norah asked her daughter to help her end her life. What is the law?

Legal aspects of consent 16: statutory provisions and living wills

Case Scenario: Mary had cared for her invalid mentally infirm mother for many years and was determined that if she ever lost her own mental capacity she would not wish to be kept alive. She drew up a document, witnessed by her sister, that stated in the event of her suffering from any form of mental incapacity she would not wish to be fed or have any medical or nursing intervention. Some years later she began to suffer from the early signs of Alzheimer's disease. Her sister had died, but staff were aware that Mary still carried this living will on her person. She is now refusing all food. What is the law?

Legal aspects of consent 14: organ removal, retention, storage.

Case Scenario: Sarah was born with a congenital heart condition. Unfortunately, the subsequent operation proved unsuccessful and Sarah died. Sarah's parents were asked if they would agree to a post mortem being performed to assist in research so that in future such conditions could be successfully operated upon. The parents agreed and subsequently they were notified that the body was available for disposal. They decided upon a cremation. Several years later, following an inquiry into the pathology services of the hospital, they were notified by the Chief Executive's department that Sarah's heart, lungs, liver and other organs had been retained. The parents were shocked. What is the law?

Legal aspects of consent 10: determining "best interests".

The claimant, aged 36 years, sought a declaration from the court that two preliminary blood tests and a conventional bone marrow harvesting operation under general anaesthetic could be lawfully taken from and performed upon her sister Y. The facts were that the applicant was suffering from a pre-leukaemic bone marrow disorder. She had undergone extensive chemotherapy and a blood stem cell transplant. She had started to deteriorate and was likely to progress to acute myeloid leukaemia over the next 3 months. Her only realistic prospect of recovery was a bone marrow transplant operation from a health compatible donor. Preliminary investigations suggested that Y her sister would be a suitable donor. Y was 25 years and severely mentally and physically handicapped. She had lived in a community home for 8 years. She was incapable of giving consent to the donation of bone marrow. The court had to decide whether it was in the best interests of Y for a declaration to be made for the blood tests and the bone marrow harvesting to take place (Re Y (adult patient) (transplant: bone marrow) [1997]).

Legal aspects of consent 9: when parents are overruled.

Case scenario David has been separated from his wife Julie for several years. Their 6-year-old son, Jonathan, is in hospital and doctors have advised that he needs a tonsillectomy. David has said that he is not prepared to give consent to such an operation because he had a similar operation when he was 8 years old and believed that it was carried out simply because tonsillectomies were fashionable at the time. Julie wants the operation to proceed and is prepared to sign the consent form. What is the law?