ABSTRACT
It is a principle recognised not only by our own but by other legal systems that ignorance of the law is no excuse for violating it. Obtaining informed consent is act like a shield to protect a medical practitioner from litigation suits and claims and also help in maintaining autonomy of the patient. With this background, the study was aimed to assess knowledge and various other perspectives of medical fraternity regarding some aspects of consent. A cross sectional survey was conducted at Pramukhswami Medial College, Karamsad during the year 2009. Total 150 physicians in the institute were given questionnaire, asking for information about their knowledge & level of satisfaction. Out of which 117 physicians have responded. 68.42% physicians felt satisfied about their knowledge of consent in medical practice but 76.31% physicians responded that their knowledge about various aspects applicable to them is limited or nil. 54.39% physicians expressed that they knew validity of consent. 50% physicians were not clear what to do if relatives deny for giving consent in emergency situation. Medical practitioner should upgrade their knowledge regarding medical jurisprudence and legal medicine to avoid any litigation, by regular medicolegal training programmes.
Subject(s)
Forensic Medicine/education , Humans , India , Informed Consent By Minors/legislation & jurisprudence , Surveys and Questionnaires , Parental Consent/legislation & jurisprudence , Patient Satisfaction , Physicians/education , Physicians/legislation & jurisprudence , Professional Practice/education , Professional Practice/legislation & jurisprudenceABSTRACT
The concept of ‘consent’ comes from the ethical issue of respect for individual dignity as well as right to self determination. Indian Constitution covers issue of consent under Article 21 dealing with right to life with dignity. In law, the tort of battery is defined as ‘Application of force to the person of another without lawful justification’ and there in lies the essence of requirement of consent for any medical treatment. Consent has been defined to mean “voluntary agreement, compliance, or permission for a specified act or purpose”. [1] This paper deals with review of literature on the issue of ‘age of consent’ in medical profession, Civil and Criminal Laws in India, judicial pronouncements, medical literature, etc. some textbooks mentioned age of consent as 12 years and others 18 years, while others used the words like: major, adult, minor, child and guardian, etc. author has made a sincere effort to reach at a consensus about the age of consent in medical profession.