Consent In Medical Procedures As Defence
What is Consent?
Consent is the voluntary agreement given by a person who is competent, informed, and not under coercion, to undergo a medical procedure or treatment. Consent serves as a crucial legal defence for medical professionals against charges such as assault, battery, or negligence.
Importance of Consent in Medical Law
Protects patient autonomy and dignity.
Ensures the legality of medical acts that involve bodily interference.
Absence of valid consent can make even a beneficial medical procedure illegal.
Protects doctors from criminal and civil liability if consent is valid and informed.
Types of Consent
Express Consent: Given explicitly, orally or in writing.
Implied Consent: Inferred from actions, facts, or circumstances (e.g., unconscious patient).
Informed Consent: Patient is informed about risks, benefits, alternatives, and consents voluntarily.
Legal Requirements for Valid Consent
Competence: The patient must be of sound mind and legal age.
Voluntariness: Consent must be free from coercion or undue influence.
Informed: Patient must have adequate information about the procedure and risks.
Specific: Consent should be for the particular procedure intended.
Case Law Analysis on Consent as Defence
1. Samira Kohli v. Dr. Prabha Manchanda & Anr., (2008) 2 SCC 1
Facts:
A patient consented to a diagnostic procedure but the doctors performed a hysterectomy without explicit consent.
Judgment:
The Supreme Court held that performing a surgery without specific and informed consent was unlawful. The doctors were liable for medical negligence.
Significance:
The Court emphasized the need for express and informed consent before any invasive procedure.
2. Indian Medical Association v. V.P. Shantha & Ors., AIR 1996 SC 550
Facts:
The issue was whether medical services rendered by doctors in private hospitals are covered under consumer protection laws.
Judgment:
The Supreme Court held that medical services fall within the ambit of consumer protection, and consent forms an essential part of service quality.
Significance:
This case recognized the patient’s right to consent as part of medical services and the doctor’s liability.
3. Dr. T.T. Thomas v. Elisa, AIR 1976 Ker 90
Facts:
A surgeon performed a procedure on the wrong leg of the patient.
Judgment:
The Kerala High Court held that the doctor violated the consent because the consent was for the other leg. The doctor was held liable for battery.
Significance:
Consent must be specific and precise; any deviation can be considered unlawful touching.
4. Chatterjee v. Union of India, AIR 1986 Cal 242
Facts:
The patient was operated upon without full disclosure of risks.
Judgment:
The Calcutta High Court stressed the importance of informed consent, requiring doctors to disclose all material risks.
Significance:
It established the principle that consent must be informed, not merely a signature on a form.
5. Dr. Subramanian Swamy v. State of Tamil Nadu, AIR 2016 SC 1013
Facts:
The accused doctor was charged with causing death during sterilization without proper consent.
Judgment:
The Supreme Court held that consent for sterilization should be explicit and voluntary, and failure to obtain it is punishable.
Significance:
Reaffirmed the need for explicit consent in non-emergency, invasive procedures.
6. A.C. Verma v. Rattan Singh, AIR 1983 P&H 101
Facts:
The accused doctor operated on the patient without valid consent.
Judgment:
Punjab & Haryana High Court held that lack of consent amounts to criminal assault despite good intentions.
Significance:
Clear that medical intervention without consent is unlawful even if it is in the patient’s interest.
7. Dr. Ashwini Kumar Agarwal v. Union of India & Ors., (1995) 5 SCC 733
Facts:
The petitioner challenged the procedure for obtaining consent for sterilization under government family planning schemes.
Judgment:
The Supreme Court laid down guidelines for free, informed, and voluntary consent in sterilization programs.
Significance:
Focused on safeguarding patient rights in public health contexts.
Summary: Legal Principles on Consent in Medical Procedures
| Principle | Explanation |
|---|---|
| Consent is a defence | Valid consent protects doctors from liability. |
| Consent must be informed | Patients should be made aware of all risks and alternatives. |
| Consent must be specific | Consent for one procedure does not extend to another. |
| Emergency exception | In emergencies where consent is impossible, treatment may proceed if in patient's interest. |
| Competency | Minors or mentally incapacitated persons cannot legally give consent; guardian consent needed. |
Practical Implications for Medical Professionals
Obtain written and specific informed consent before any invasive or surgical procedure.
Provide patients with clear information on risks, benefits, and alternatives.
Document the consent process meticulously.
Respect patient autonomy; do not coerce or mislead.
In emergencies, act in the patient’s best interest but document circumstances.
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