title: Validity of consent--a review of statutes.
abstract: In recent years there have been a number of malpractice suits based on lack of consent or inadequate consent from the patient for the procedure used in treatment. This is a particularly dangerous suit for the doctor since the burden of proof lies on the doctor. Furthermore since the suit is based on intentional assault, some insurance policies do not cover the doctor for his liability. The common meaning of consent is permission, whereas the law perceives it as a contract i.e. an agreement enforceable by law. So a doctor needs to understand the legal basis of consent rather than the common meaning of it. The present article aims to discuss the various legal aspects of consent as viewed in the Indian law.
authors.affiliation: Department of Forensic Medicine and Toxicology, Kasturba Medical College, Mangalore, Karnataka, India. drbastia@indiatimes.com
authors.forename: Binaya K
authors.initials: BK
authors.lastname: Bastia
authors.forename: Ajee
authors.initials: A
authors.lastname: Kuruvilla
authors.forename: K M
authors.initials: KM
authors.lastname: Saralaya
mesh_terms: D032982:Contracts / Q000331:legislation & jurisprudence*; D030881:Disclosure / Q000331:legislation & jurisprudence; D006801:Humans; D007194:India; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010817:Physician-Patient Relations / Q000941:ethics