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| Article Name : | | | INFORMED CONSENT TO MEDICAL TREATMENT WITH SPECIALREFERENCE TO THE INDIAN PERSPECTIVE | | Author Name : | | | VENUGOPAL B.S. | | Publisher : | | | Ashok Yakkaldevi | | Article Series No. : | | | GRT-2286 | | Article URL : | |  | Author Profile View PDF In browser | | Abstract : | | | A doctor should not only obtain the consent of a patient but also his informed consent before administering any treatment or performance of medical procedure. The rationale behind this proposition is that every medical procedure is beset with inherent risk. No doubt a doctor performs the procedure for the benefit of his patient. But sometimes the risks may outweigh the benefit. Therefore risks associated with the procedure must be divulged to a patient along with relevant information regarding diagnosis to enable him to arrive at a decision whether to undergo the treatment or not. The underlying notion is that a human body is inviolate. It is a reflection of the principle of bodily autonomy, which confers an exclusive right of self-determination to a patient. Hence the presumption is that an adult of sound mind knows what shall be and shall not be done with his body. Therefore it is necessary to involve a patient in the medical decision making process that he should have his own share of information. In this article an attempt is made to examine the doctrine of informed consent from the Indian perspective with reference to the doctrine as interpreted in the USA, as it is a doctrine which was invented there and English law on the subject which is applied by the Indian courts. | | Keywords : | | |
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