Consumer forum
Sachin Devendra Maroli
(Querist) 13 April 2011
This query is : Resolved
whether the consent is required when Doctor is treating patient and doctor found that there is required additional treatment
V.T.Venkataram
(Expert) 14 April 2011
In Samira Kohli vs. Dr. Prabha Manchanda & Anr. 2008 AIR 1385, it is observed as follows: -
"Consent that is given by a person after receipt of the following information: the nature and purpose of the proposed procedure or treatment; the expected outcome and the likelihood of success; the risks; the alternatives to the procedure and supporting information regarding those alternatives; and the effect of no treatment or procedure, including the effect on the prognosis and the material risks associated with no treatment. Also included are instructions concerning what should be done if the procedure turns out to be harmful or unsuccessful."
In was also observed as under: -
A doctor has to seek and secure the consent of the patient before commencing a 'treatment' (the term 'treatment' includes surgery also). The consent so obtained should be real and valid, which means that: the patient should have the capacity and competence to consent; his consent should be voluntary; and his consent should be on the basis of adequate information concerning the nature of the treatment procedure, so that he knows what is consenting to.
The consent form was neither signed by the patient or her guardian. It is clear from this case that no valid or informed consent was taken from the patient before she was subjected to TMT, which involves serious risk. Therefore, it is a clear case of medical negligence.
RAJU O.F.,
(Expert) 14 April 2011
I could not make out as to whether the query was continuance of a previous query; hence the specific problem involved not known. However generally, when a patient goes to a doctor for consultation and treatment, it amounts to implied consent. But in case, the treatment involved higher degree of risk, the written consent of the patient or his partent/guardian/best frient is to be obtained.
R.venkatesh Naidu
(Expert) 15 April 2011
a docter should receive a patient's consent for before his treatment, and the docter also keeps the consent letter for his future reference.
