Understanding the Medical Consent Process: Legal Considerations for Doctors
Introduction
One of the most important duties of a Doctor before performing any medical diagnosis is to obtain consent from the patient. If the doctor fails to get the patient’s consent before a medical exam, it will be considered an assault on the patient.
Consent, as defined by the Indian Contract Act, means “Two people agreeing to the same thing in the same sense.”
However, the patient’s consent isn’t required in situations like vaccination, emergency, etc. A close relative or attendant can also give consent if the patient isn’t in a condition to do so. Consent is a procedural formality and a legal requirement in medical practices. If a patient, without sufficient information, signs the form, then that is considered invalid despite the signature. Treating without valid legal consent exposes the Doctor to a trial under tort and criminal laws. Valid consent should have three major elements, which are:
- Disclosed information,
- Patient’s competency in decision-making and
- Decision’s nature which should be voluntary.
Table Of Contents
- What is Informed Consent, and What Kind of Procedures Require It?
- What Should a Consent Form Include?
- Difference Between Informed and Implied Consent.
- Can Someone Sign the Consent Form on My Behalf?
- When is Informed Consent Not Required?
- Consent Form– a Document or a Process?
- Conclusion
What is Informed Consent, and Which Procedures Need it?
Informed consent means when your Doctor or healthcare provider has explained the medical procedure to the patient and then waits for the patient to agree to the treatment. This process allows the patient to understand the pros and cons of a procedure, ask questions, and accept or deny the treatment on his will.
In a hospital or healthcare setting, informed consent consists of the information you need to decide, your decision-making capacity, your voluntary, and how you perceive the medical information to agree or deny a decision. These elements in the consent form empower you to decide for yourself and take an informed decision for your health. It is essential in a shared decision between you and your doctor. Procedures that might need informed consent include-
- Most surgeries
- Anaesthesia
- Radiation
- Blood Transfusion
- Chemotherapies
- Medical tests like Biopsy
- Blood tests like HIV
What Should a Consent Form Include?
The informed Consent Form should include the following things:
- Name and Purpose of the treatment offered
- Your Diagnostic Reports
- Advantages and Risks involved in the Procedure
- Any Alternative Procedure, if available
When you are thoroughly informed, you can make an educated decision.
Difference Between Informed and Implied Consent
Implied means an affirmation that is implied from the patient’s actions and not stated in a written form. It can be considered a type of informed consent.
For example, if you have a headache and see a doctor, it implies that you wish to get treated. You don’t have to write and give the doctor written consent to treat you.
The main difference between implied and informed consent is that informed consent is legal and formal compared to implied one.
Can Someone Sign the Consent Form On My Behalf?
The patient is the most preferred candidate to sign a Consent Form. However, in some cases, if he is unable to sign, people who can do it on his behalf include-
- If the patient is not an adult, his consent cannot be considered. In that case, the parent or guardian must sign the Consent Form for the treatment.
- If you feel you won’t be able to decide for yourself and wish someone else to sign it, you can fill out another form called an advance directive. An advance directive is a legal document that gives another person the right to decide and consent to your medical condition.
- Another person from your family, your trusted individual, or your spouse can sign the form on your behalf if you cannot. These cases include when the patient is in a coma or advanced stage of Alzheimer’s.
When is the Consent Form not Required?
Informed Consent is a necessity but not always.
If you are in a life-threatening situation, the doctors look for a close relative to sign the consent. However, if no one is available and your life is at stake, the doctor can decide and perform life-saving procedures by himself.
Consent Form- a Document or a Process?
The Consent Form is an important document that illustrates your medical conditions and the treatment you are offered. It also lists the advantages and risks involved in the procedure you are about to undergo. There are a few things that are essential in the Consent Form. They should be written in simple and plain language, with no anonymous words, and some extra information related to the procedure should be provided. Hence, the patient understands what he is signing for.
The Consent Form shouldn’t be treated as a mere formality. It is an essential process for both the doctor and the patient, and the patient is risking his life. The patient should be counselled and well-informed about the pros and cons of the surgery/procedure he is about to undergo. The patient’s questions should be answered before he signs up for treatment.
Conclusion
A Doctor has to inform the patient about his medical conditions and the risks involved in the treatment he is to undertake. If the doctor fails to fulfil his duty, he can be sued for medical negligence. Under medical negligence cases in which doctors without proper skills or knowledge treat the patients are considered. The patient shouldn’t be snatched from his right to refusal. The patient has every right to refuse his body from getting opened or intervened. If a patient is treated even after a refusal, the doctor is punishable in the eyes of the law.
If any information is hidden or not imparted, considering the information isn’t essential and later causes an issue. The doctor has committed a crime and can be dragged to court.
A doctor is considered next to god and immensely respected for saving lives. He shouldn’t hide anything from his patient and be honest about the potential risks so that the patient can make the right and educated choice.
