CONSENT OF THE PATIENT PRIOR TO GIVING TREATMENT       

 

 Every human  has the right to decide what should be  and what  should not be done to his body .It comes under fundamental rights guaranteed to every Indian citizen as well as under human rights enjoyed by every one born on the earth. However such rights can be availed or enjoyed only when one is in such a healthy state to give consent.A system has been evolved in our hospitals ,nursing homes that in case of any operation which may lead to any complication at any stage of operation  ,a consent form is got signed from the relatives,kith and kin of the patient in order to avoid any responsibility on doctors later on.

But with the change of situation and circumstances ,system and concept of consent is also to undergo chage in order to meet the requirement of the day when matters are becoming more complicated due to rapid development in  all spheres of life.

 General consent

!)Through the person undergoing treatment

!)Through kith and kin if not possible otherwise

 Informed consent :

 A doctor could also be held legally liable if a patient does not give “Informed consent” to medical procedure (surgery or tests ) resulting in harm to the patient even if the procedure performed properly. For example , if a particular patient needs surgery and the doctor fails to tells the patient that there is 50% chance that the patient may be paralysed if the operation is performed , then the doctor may be liable even the operation was peformed with full care and competence because the patient might have refused to operation if he had known the risks involved.

 In case of emergency

Proper notes be made and consultation from other professional be taken –

                        Removal of some organ when becomes necessary

 Special anaesthesia case

 Must be given  considering all other facts related to the age of the patient,health conditions etc

 It was a  death case of a young and talented boy of sixteen year old ,who died in 1996 due to medical negligence of doctors which came before the National commission for judication The boy was given spinal anastheisia  for performing operation whereas such anestheisia is not allowed to the person of this age as per the medical literature avaible on the subject This wrong application resulted into death of the boy But no negligence could be proved in this case in 1996                     

 

 DR PREM LATA

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