Eastzone medico letgal service pvt ltd

2. INTRODUCTION:
• An important aspect of several Medical
Consumer litigations is improper consent and
withholding complete information from the
patient. This has been the subject matter of
judicial scrutiny in various cases under
Consumer Protection Act, as it pertains to
patient’s right of freedom while undergoing
treatment.1 Hence it is of paramount
importance for a doctor to have a proper
legally valid consent from his patients.

3. WHAT IS INFORMED CONSENT?
• four vital components:
• Mental capacity of the patient to enter into a
contract (This also includes his ability to
understand information given)
• Complete Information
• Voluntary acceptance
• Decision making

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• Condition (Disease) of the patient
• Purpose and Nature of intervention
• Consequences of such intervention
• Any alternatives available
• Risks involved
• Prognosis in the absence of intervention

5. TYPES OF CONSENT
• IMPLIED CONSENT:
• Usually the way a patient present himself for
treatment imply consent. So it is basically the conduct
of the patient when he comes to the doctor for
examination / treatment. Doctor should remember
that this is only for routine examination as well as
treatment. This does not extend to the performance
of intimate examination or diagnostic procedures. If
there is slightest chance of any complication express
consent should be taken.
• Express consent: This may be written or verbal and
should be taken for all procedures beyond routine
examination.

6. EXCEPTIONS TO THE INFORMED
CONSENT
• Emergency cases: If a patient is unconscious and there is an
imminent danger to the life of the patient and no relative is
present then in such scenario’s law presumes that consent has
been deemed to be given.9
• Incompetence: Incompetent patients such as delirious,
unconscious, senile, psychotic nature etc are unable to make
rational decision. In these cases they can be treated without
informed consent involving the “Emergency” doctrine.
• Therapeutic privilege: If doctor suspects that passing full
information could have detrimental effect on the health of the
patient than he need not follow “Doctrine of Full Disclosure” and
can be excused of obtaining consent from the patient. However,
to take the privilege of the doctrine, he should disclose full
information to the competent relative of the patient.

7. situations where consent need not be
obtained
• A person suffering from disease under
“notified” category( to notify the authorities
only)
• Prisoners ( new entrants)
• Examination under Court Order
• Request by a police officer under Cr.P.C.
Section 53(1)

8. INDIAN LEGAL PROVISIONS:
• Section 53(1) CrPC: In criminal cases when
examination of an arrested person can lead to
vital evidence related with the commission of
crime, he can be examined by the doctor
without his consent and even using force, if the
application for examination is from a person not
below the rank of sub Inspector.
• Section 54 CrPC: An arrested person can also
request to be examined by a doctor to detect
any evidence which he feels is good for him.

9. EASTZONE MEDDICO LEGAL SERVICES
PVT.LTD
• Section 87 IPC: A person above 18 yrs of age can
give consent to suffer any harm if the act is not
intended and not known to cause death or
grievous hurt.
• Section 89 IPC: A child under 12 yrs of age or a
person of unsound mind cannot give consent to
suffer any harm for an act which may cause
grievous hurt or death even if done in good faith
, but the consent has to be obtained from the
guardian of the child or insane person.

10. MEDICO LEGAL COMPANY
• Section 90 IPC: Consent given by an insane person or
given under fear of injury, death etc. or due to
misconception of a fact is invalid.
• Section 92 IPC: Any harm caused to a person in good
faith even without the person’s consent is not an
offence if the circumstances were such that it was
impossible to obtain consent of the person or his
lawful guardian at that material time for that thing to
be done for the benefit of the person. However the act
should not extend to intentionally causing hurt other
than for preventing death, grievous hurt or curing of
disease or infirmity.

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