Consent in medical practice means the grant of permission by the patient for an act to be carried out by the doctor, such as diagnostic, surgical or therapeutic procedure. The patient has a right to bodily autonomy and self-determination�enshrined in Article 21 of the Indian constitution. He can refuse treatment except in an emergency where the doctor need not get consent for the treatment. The consent obtained should be legally valid.
A doctor who treats without valid consent will be liable under the tort and criminal laws. The law presumes the doctor to be in a dominating position, hence the consent should be obtained after providing all the necessary information- prior informed consent. It is necessary for the medical professionals to gain knowledge on Evaluation of the law on informed consent- The legal basis of consent, Capacity, and information while seeking consent, Types of…
