Role of informed consent.

These days, complete information with regard to surgery is required to be given to the patient so that the patient becomes aware of the procedure which is sought to be followed by the Surgeon. It should not be presumed that a patient may not / need not know the procedure or is incapable of understanding the medical terms and, therefore, there is no use in explaining them. There cannot be a presumption that all patients are ignorant about their anatomy or the adverse effects or benefits of surgery, and, in any case, those days are over. Hence, properly informed written consent before operation is the necessity. It is difficult for the Court to accept contention of the doctor that because the general consent is taken, he can perform the operation in the way he likes. General consent is – while operating if some difficulty or any contemplated difficulty arises, then he can adopt such further or alternative operative measures or treatment to save the life of the patient or for patient’s benefit. But, that would not give surgeon any discretion to do whatever surgeon chooses. This would also be against the medical ethics, and the purpose for which express consent is obtained. If oral consent was obtained before two days of the operation, at least some notes would have been made and that is not produced on record.