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All procedures or treatments on a patient must be done only after he or she has provided consent. Now, this ‘consent’ has to be given:
- By a person who is conscious, of sound mind and above 12 years of age.((Section 90, Indian Penal Code, 1860 ))
- Free from any undue influence, threat, mistake.((Section 90, Indian Penal Code, 1860 ))
- For a specific intervention. For instance, a treatment or procedure that requires written consent.((Charter of Patient Rights, Ministry of Health and Family Welfare ))
- By a person who understands the risks, benefits and alternate treatments available.((Charter of Patient Rights, Ministry of Health and Family Welfare ))
- In a language and manner understood by all parties involved.((Charter of Patient Rights, Ministry of Health and Family Welfare ))
Consent of minors (children below the age of 18)
Before performing an operation, a physician should obtain the written consent of the patient or the patient’s caregiver, spouse or guardian (in case of a minor).((Section 7.16, The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 )).Further, such consent is necessary where the treatment is potentially dangerous.((Annexure 8, Clinical Establishments Act 2010 (Standards for Hospital Level 1A & 1B) )).The duty to ensure this falls upon the hospital administration and the doctor treating the minor.
Failure to take consent
Doctors have to take consent for all medical procedures. Otherwise, this may result in disciplinary action as well as a case against the doctor. If the doctor takes consent by causing fear or misconception, he or she is committing a crime under the law.((Section 90, Indian Penal Code, 1860 )) However, if a doctor in good faith((Section 52, Indian Penal Code, 1860 )) believes that the situation is too urgent to wait for the patient’s consent or it is not possible to obtain it, he may proceed with the emergency treatment. An example would be an emergency abortion if the woman’s or fetus’s (unborn baby) life is in danger. Further, failure to take consent will result in disciplinary actions against the doctor. If you face such a situation, you can file a complaint.((Charter of Patient Rights, Ministry of Health and Family Welfare ))
