Consent of the patient or his relative in medical profession

 

This consent of the patient or his relative before the performance of a medical health case is known as “informed consent”.

It is well established that the patient has the right to complete information in non-professional terms, relating to diagnosis, treatment, and prognosis.  He should also be informed about the alternative treatment and its possible complications.

The foremost duty of the medical professional to disclose all these aspects to the patients, however subject to two exceptions:

a) No disclosure is required, if the patient indicates a preference not to be informed, or

b) If the physician or the surgeon believes in the exercise of served medical judgment that the patient is so anxious or disturbed that the information would not be processed rationally or that it would probably cause significant psychological harm.

  In the New York case of schhendorff Vs. New York Hospital, 211NY, 215, Justice Cardozo held:-

“Every human being of adult years and sound mind has a right to determine what shall be done with his own body, and a surgeon who performs an operationation without his patient's consent commits an assault, for which he is liable in damages.”