A RETROSPECTIVE EVALUATION OF CONSENT TAKEN FOR SURGICAL AND ANAESTHETIC PROCEDURES: A REALITY CHECK

Authors

  • Dipak Vora Associate Professor, Forensic Medicine Department, Govt.Medical College; SSG Hospital, Vadodara.
  • Dharmesh Patel Professor & Head,Department of Forensic Medicine, B.J.Medical College, Ahmedabad.
  • Jigna Parmar Third Year Resident Doctor, Department of Forensic Medicine & Toxicology B. J. Medical College, Ahmedabad – 380016
  • Janaki Pateliya Third Year Resident Doctor, Department of Forensic Medicine & Toxicology B. J. Medical College, Ahmedabad – 380016
  • Jayjeet Trivedi Third Year Resident Doctor, Department of Forensic Medicine & Toxicology B. J. Medical College, Ahmedabad – 380016

Keywords:

Written Informed Consent, Surgical Anesthetic Procedure, Retrospective Evaluation

Abstract

Consent law are developed from the intentional tort of battery, which protects the individual from unwanted physical touching of the body by one having neither express nor implied consent of the person touched. Written informed consent process is an underestimated part of surgery and neither surgeons nor patients sufficiently realize its importance. Many questionnaires and interview based studies have been done on knowledge, attitude and practice of clinicians about informed consent. In authors’ opinion, this is the first study in which actual consent documents were evaluated and analysed. In this study we have done retrospective study and evaluation of consent documents from case record of total 55 cases available in our department to identify any lacunae in the procedure and to provide recommendations for the same for improvement in practice. It can be safely concluded from the above-mentioned findings that, in actual practice, in majority of cases, consent taken is neither patient specific nor procedure specific. Sufficient disclosure of information about the disease and proposed treatment was also absent in majority of cases. Medical practitioners are not aware regarding the legal aspects of the consent document because in majority of cases consent was not directly taken 

References

Mehta HS, Medical Law and Ethics in India, 1st ed, The Bombay Samachar Private Limited, March 1963: 295-317.

Aggrawal Anil, Essentials of Forensic Medicine & Toxicology, 1st ed, APC, Reprint: 2019: 35-38. 3. Rama Rao MS, Contract Law, Msrlawbooks, The Indian Contract Act, 1872, 14.

Vora Dipak, Mori Rakeshkumar, Patel DS, Study of Informed Written Consent in Medical Practice, International Journal of Medical Toxicology & Legal Medicine, Vol 21, No 1-2, Jan-June, 2018: 6-10

Tamire T, Tesfaw A, The practice of obtaining informed consent for elective surgery and anesthesia from patients’ perspective: An institutional based cross sectional study, Clinical Ethics, February 2021, Vol. 17(1) 57–62.

Gebrehiwot H, Estifanos N, Zenebe Y, Anbesaw T,Patient Perception of Informed Consent and Its Associated Factors among Surgical Patients Attending Public Hospitals in Dessie City Administration, Northeast Ethiopia, Critical Care Research and Practice, published

online on 2022 Jul 1. Doi: 10.1155/2022/6269921. 7. Dogra TD, Lyon’s Medical Jurisprudence & Toxicology, 11th ed, by Delhi Law House, 2022: 181-208.

Judgement by Supreme Court of India, Samira Kohli vs Dr. Prabha Manchanda&Anr, appeal (civil) 1949 of 2004 on 16 January, 2008. https:// indiankanoon.org/doc/438423/.

Mondal S, Bhattacharya S, Jana PK, Miltra K, A Comparative Study on Comprehension of Informed Consent Before Emergency and Elective Surgical Operative Procedures, Acta Medica International. July December 2022, Vol.9 (2) :153-158.

Joshi SK, Law and the Practice of Medicine, 2nd ed, 2017, Dr Surinder Kumar Kohli: 30-33.

Leclercq WKG, Keulers BJ, Scheltunga MRM, Spauwen PHM, Wilt GJ, A Review of Surgical Informed Consent: Past, Present and Future. A Quest to Help Patients Make Better Decisions, World J Surg (2010) , 34:1406-1415.

Polson CJ, Gee DJ, Knight B, The Essentials of Forensic Medicine, 4th ed, Peragamon Press: 621-637. 13. Vora Dipak H., Patel Ankur P., An evaluation of medical negligence cases: Role and contribution of medico-legal autopsy, J Indian Acad Forensic Med, 2020 Jan-March; 42(1): 07-12.

Jain A, Banzal RK, Pandey R, Yadav J, Written Informed Consent: Is it Practiced What is Being Preached?, Journal of Indian Academy of Forensic Medicine, oct-dec, 2015, vol.37, no.4, Page: 341-345.

Published

2023-06-30

How to Cite

A RETROSPECTIVE EVALUATION OF CONSENT TAKEN FOR SURGICAL AND ANAESTHETIC PROCEDURES: A REALITY CHECK . (2023). Journal of Forensic Medicine & Toxicology, 40(1), 41–45. Retrieved from https://acspublisher.com/journals/index.php/jfmt/article/view/17756