Medical Informed Consent in India: Blind Leading the Blind

Medical Informed Consent in India: Blind Leading the Blind
Review article
Sareen R
Journal of Community Medicine and Health Research, 4 December 2019; 1(3)
Open Access
Abstract
This work is an endeavor to enable health care workers to understand the significance of ‘consent in medical treatment in India’. There have been increased litigations in recent years in health care therefore it is prudent to respect patient autonomy and refrain from too harsh medical paternalistic attitude. The Bolam test has been the yard stick for determining Medical negligence and it is also relevant in terms of consent for medical treatment. The landmark judgment by apex court in India emphasized on role of consent, absence of which shall be considered as deficiency of medical services actionable under tort. As the developed nations move towards ‘Informed consent’ we in India have a long way to go with rampant illiteracy, poor socioeconomic strata and limited resources it is like a dream. The review focuses on hurdles in the informed consenting process as well as the mandatory bare minimum requirements in Indian Law.

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