Medico-Legal Update

Open Access Open Access  Restricted Access Subscription Access
Open Access Open Access Open Access  Restricted Access Restricted Access Subscription Access

Self Autonomy and Informed Consent in Clinical Setup


Affiliations
1 Department of Forensic Medicine and Toxicology, J. N. Medical College, Aligarh Muslim University, Aligarh, U.P, India
     

   Subscribe/Renew Journal


A human being having intelligentsia of good personality or in simpler terms a personage is in full control of his body by the international convention. This is called as self autonomy. Therefore self autonomy of a patient should be respected in terms of medical treatment protocol also.

Informed consent should be encouraged in all the disciplines of medicine as we are entering the era of patient as a consumer and doctors as a service provider. The rising literacy in our community is esteeming the self respect in people. Therefore, all the procedures involving medical treatment, surgical operations, assisting reproductive technologies, treatment of mental disabled person and treatment of children should have proper consent in terms of age, mental capacity, free will and full disclosure.


Keywords

Autonomy, Informed Consent, Personage, Procedure
Subscription Login to verify subscription
User
Notifications
Font Size


  • Nuremberg Code 1947

  • Art. 21 of the Indian Constitution, Nandimath OV. Consent and medical treatment: The legal paradigm in India. Indian J Urol 2009;25:343-7

  • Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others, [1985] 1 AC 871, HL

  • Declaration of Helsinki 1964.

  • Krishnan Vij 4th ed.Textbook Of Forensic Medicine And Toxicology: Principles And Practice.,P 482- 490

  • Regulation 7.16, of Medical Council of India (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

  • Section 13 and 14 of Indian Contract Act, 1872 [Act No. 9 of Year 1872, Dated 25th. April, 1872]

  • Requirements for Valid Consent (7.4) Guidelines for Consent to Clinical Examination and / or Treatment HSE Mid-West Area Acute Hospitals. May 2009.

  • Withholding Consent (13.0), Guidelines for Consent to Clinical Examination and / or Treatment HSE Mid-West Area Acute Hospitals. May 2009.

  • Indian Penal Code. Accessed from: http:// www. Vakilno1.com/bare acts/Indian penal code. Accessed on 1st January 2012.

  • Clinical Forensic Medicine, 3rd edition, Edited by W.D.S. McLay, P 38.

  • Grisso T, Appelbaum PS. The Mac CAT-T: A clinical tool to assess patients’ capacities to make treatment decisions. Psychiatric Services 1997; 48: 1415-1419

  • Guardians and Ward Act 1890. Accessed from: http://www. Vakilno1.com/bareacts/guardians and ward act/guardianwardsact.htm. Accessed on 1st January 2012

  • Polson. S, The Essentials Of Forensic Medicine, 630

  • Ethical guidelines for biomedical research on human participants, Indian Council of Medical Research New Delhi 2006, chapter III.General ethical issues.

  • Transplantation of Human Organs Act, 1994, and The Transplantation of Human Organs (Amendment Bill, 2011)

  • Guidelines on Cadaver Donor Transplants, Ethical guidelines for biomedical research on human participants, Indian council of medical research New Delhi 2006, chapter III

  • The Delhi Artificial Insemination (human) Act 1995.

  • chapter iv, admission and detention in psychiatric hospital or psychiatric nursing home, The Mental Health Act, 1987

  • Section 9 of the principal Act, sub-section (1C), (1B), The Transplantation of Human Organs (Amendment Bill, 2011), Transplantation of Human Organs Act, 1994.


Abstract Views: 628

PDF Views: 2




  • Self Autonomy and Informed Consent in Clinical Setup

Abstract Views: 628  |  PDF Views: 2

Authors

Mohd Kaleem Khan
Department of Forensic Medicine and Toxicology, J. N. Medical College, Aligarh Muslim University, Aligarh, U.P, India
Shaukat A Hanif
Department of Forensic Medicine and Toxicology, J. N. Medical College, Aligarh Muslim University, Aligarh, U.P, India

Abstract


A human being having intelligentsia of good personality or in simpler terms a personage is in full control of his body by the international convention. This is called as self autonomy. Therefore self autonomy of a patient should be respected in terms of medical treatment protocol also.

Informed consent should be encouraged in all the disciplines of medicine as we are entering the era of patient as a consumer and doctors as a service provider. The rising literacy in our community is esteeming the self respect in people. Therefore, all the procedures involving medical treatment, surgical operations, assisting reproductive technologies, treatment of mental disabled person and treatment of children should have proper consent in terms of age, mental capacity, free will and full disclosure.


Keywords


Autonomy, Informed Consent, Personage, Procedure

References