DOI: 10.36347/sjams.2013.v01i05.0025

Pages: 455-463

The practice of informed consent has historical roots in various disciplines and plays a critical role in medicine as we are entering the era of patient as a consumer and doctor as a service provider. In India, there has been an increase in the number of malpractice suits that have arisen because of lack of informed consent or inadequate consent from the patients for various procedures. Based on ethical and legal principles of respect for individual autonomy the legal doctrine of informed consent states that “every human being of adult years has the right to determine what shall be done with his own body.” All the procedures involving medical treatment, surgical operations, assisting reproductive technologies, treatment of mentally disabled persons and treatment of children should have proper consent in terms of age, mental capacity, free will, and full disclosure. If the patient is not medically or legally competent to give consent, the consent of the parents or guardians or any person present at the time with the patient can be taken. Any researches on a potential subject, removal of organs for transplantation, publication of information obtained during medical examination also require consent of the concerned person. Consent of the patient is not required in situations like medical emergency. Ignorance of law is not a defense in legal cases, so all medical practitioners should be aware of their duties with regard to consent in clinical setting. Any examination by doctor without prior consent amounts to an assault on the patient and liable under the tort and criminal laws. Medical Council of India (MCI) laid down the rules according to which surgical treatment without consent is considered as misconduct and is punishable