A valid consent has three components:
Disclosure, Capacity and Voluntariness i.e. provision of relevant
information by the doctor, capacity of the patient to understand the
information given and take a decision based on the adequate information,
without force or coercion. This is informed consent. Any permission
given under any unfair or undue pressure makes the consent invalid.
Informed
consent is not only an ethical obligation, but also a legal
pre-requisite today. Not taking consent is gross negligence.
The
National Human Rights Commission has drafted a charter of patient
rights to be implemented by the Ministry of Health and Family Welfare.
The Right to Information is as follows:
“Every
patient has a right to adequate relevant information about the nature,
cause of illness, provisional / confirmed diagnosis, proposed
investigations and management, and possible complications to be
explained at their level of understanding in language known to them.
The
treating physician has a duty to ensure that this information is
provided in simple and intelligible language to the patient to be
communicated either personally by the physician, or by means of his /
her qualified assistants.
Every
patient and his/her designated caretaker have the right to factual
information regarding the expected cost of treatment based on evidence.
The hospital management has a duty to communicate this information in
writing to the patient and his/her designated caretaker.
They
should also be informed about any additional cost to be incurred due to
change in the physical condition of the patient or line of treatment in
writing. On completion of treatment, the patient has the right to
receive an itemized bill, to receive an explanation for the bill(s)
regardless of the source of payment or the mode of payment, and receive
payment receipt(s) for any payment made.
Patients
and their caretakers also have a right to know the identity and
professional status of various care providers who are providing service
to him / her and to know which Doctor / Consultant is primarily
responsible for his / her care.
The
hospital management has a duty to provide this information routinely to
all patients and their caregivers in writing with an acknowledgement.”
Applicable laws
- Annexure 8 of standards for Hospital level 1 by National Clinical Establishments Council set up as per Clinical Establishment Act 2010
- MCI Code of Ethics
- Patients Charter by National Accreditation Board for Hospitals (NABH)
- The Consumer Protection Act, 1986
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