Volume : 5, Issue : 3, March - 2016

ROLE OF CONSENT IN MEDICAL PRACTICE IN INDIA

Dr. Prativa Panda

Abstract :

<p> Consent of the patient has a great practical importance to the clinicians. The element of consent is one of the vital issues in medical treatment. The patient has a legal right to decide as enshrined within Article 21 of the Indian Constitution. As the doctor is in a dominant position, he should not obtain the consent by undue influence and should provide all the necessary information otherwise the doctor will be liable under the tort and criminal laws. The present paper has made an attempt to analyze the concept of consent from the point of view of the legal environment as it exists in India today. The circle of legal development in this area appears to be almost complete when the apex court in India recently ruled that, it is not just the ‘consent’ or ‘informed consent’ but it shall also be ‘prior informed consent’ generally barring some specific cases of emergency. This places a medical professional in a tremendous dilemma. Hence, it is time to discuss the role of consent in medical profession.</p>