Consent and Informed Consent - A Note
Mondaq Business Briefing › India Law Articles in English (2002)
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Consent and Informed Consent - A Note
By S.S.Sagar Priyatham, K.Prathima
Consent to TreatmentThe paternalist might argue that there are many examples in medical practice of situations in which treatment is justified in the teeth of the patient's objection. Arguing from such a position - that the patient may be unable to appreciate that a particular treatment is in his best interest the decision of the doctor to impose the treatment is seen as the patient's interest inspite of what may turn out to be short-term objections. This, a paternalist would hold, cannot be wrong. Good health and physical comfort are preferable to ill health and physical discomfort and thus a patient will be happier treated than untreated.From a different perspective, the case for imposed treatment is sometimes couched in social terms. Illness is costly to the community and the individuals are not entitled to refuse treatment that may minimize this cost. If death is to be the consequence of refusal of medical treatment then community may have to bear the cost of supporting the patient's family. Involuntary treatment is justified in order to avoid this burden.The Paternalist position is, however, difficult to justify except in the most limited circumstances and these circumstances depend heavily on the existence of ignorance of some sort on the part of the person for whose alleged benefit the action is taken. There will be cases in which intervention by doctors is ethically jus...See the full content of this document
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