What is Informed Consent and the Doctor-Patient Relationship in Law?



Without consent there is no “Doctor-Patient” relationship in law.

doctor

The Informed Consent Doctrine is the cornerstone of the Doctor-Patient relationship.   It has altering the attitudes of a new generation of Doctors towards their patients, and its requirements are now reflected in consent forms that heath care institutions require patients to sign upon admission and before various procedures are performed.

Setting the Boundaries for the Doctor-Patient Relationship.

You can only give valid permission  if you are provided with all the information that is necessary to make a decision about the proposed medical treatment.
It is not acceptable if the Doctor just asked if he has your permission to perform the procedure.
You must be able to understand the reasonable and foreseeable consequences of giving permission for consent or not giving permission for the procedure.
It is generally accepted in order to provide proper permission for medical treatment your doctor must explain :
1) The Nature of the Proposed Medical Procedure.
2) The Reasonable Alternatives to the medical procedure.
3) The Risks, Benefits, and uncertainties.
Your permission may be expressed in words or actions, but for your protection you ought to insist on it being in writing.
For example when undergoing a procedure your doctor will usually get you to sign a consent form to confirm your permission,  but he may want to avoid it, to create uncertainty and make it difficult for you to prove you did not give consent.
Any medical procedure that is performed without proper informed consent is deemed to be an assault, the Doctor who performed the procedure will be responsible for any injury as a result of that medical procedure.
It is critical for you to insist on the consent to be in written form and the process by which it was granted (if at all) recorded.
Particularly you should have written notes of the above three points using them as respective headlines.
Source : http://www.mckigganhebert.com

NOTHING IN THIS WEBSITE IS TO BE CONSTRUED AS LEGAL ADVICE, IT IS PURELY INFORMATION TO ASSIST YOUR UNDERSTANDING, WHICH WE STRONGLY RECOMMEND YOU BRING TO A LAWYER AND URGE YOU TO SEEK INDEPENDENT LEGAL ADVICE.



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