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Consent in Medical Treatment: The Legal Paradigm in India: Dr. Ram Manohar Lohiya National Law University

This document provides a synopsis for a project on consent in medical treatment under Indian law. The aim is to study the legal paradigm of consent, its scope and applicability, and its impact on society and law. The synopsis outlines research questions on the legal definition of consent, the Indian scenario, and relevant statutes. A literature review discusses two textbooks, one on the Indian Penal Code and another on medical jurisprudence, and how they aid understanding of criminal law and the application of medical science to legal issues.

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Manish
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96 views3 pages

Consent in Medical Treatment: The Legal Paradigm in India: Dr. Ram Manohar Lohiya National Law University

This document provides a synopsis for a project on consent in medical treatment under Indian law. The aim is to study the legal paradigm of consent, its scope and applicability, and its impact on society and law. The synopsis outlines research questions on the legal definition of consent, the Indian scenario, and relevant statutes. A literature review discusses two textbooks, one on the Indian Penal Code and another on medical jurisprudence, and how they aid understanding of criminal law and the application of medical science to legal issues.

Uploaded by

Manish
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2020-2021

SYNOPSIS

ON

Consent in medical treatment: The legal paradigm in India

SUBMITTED BY: SUBMITTED TO:

Manish Kumar Pal Dr. Prem Kumar Gautam

170101080 Faculty of Law

Section ‘A’ Dr. Ram Manohar Lohia

Semester VIII National Law University

B.A.LL. B (Hons.) Lucknow


AIM OF THE PROJECT:

The aim of the project is to do a detailed study on the legal paradigm regarding consent in
medical treatment in India, its scope and applicability and its impact on the on the society as
well as on the Indian legal system. The project also aims to do a detailed analysis of the
statutes related to the topic.

INTRODUCTION:
In medical practice, consent is a legal requirement, not a procedural formality. Getting a mere
signature by the patient on a form is not consent. If a patient signs the consent form without
getting sufficient information, then the consent is treated as invalid. The element of consent is
very crucial in medical treatment. The patient has the legal right under article 21 of the
constitution of India for the self-determination. The consent should be obtained only after
providing the necessary and sufficient information about the treatment and medication. The
patient has a right to decline or refuse the treatment given by the doctor, but in case of
emergency, the doctor need not take the consent for treatment, raising the debate on medical
malpractices. A doctor who treats without valid consent will be liable under tort and criminal
laws. Most often, medical practitioners ignore the requirement of valid consent and its legal
implication resulting in the scrutiny in various medical malpractice cases.

RESEARCH QUESTIONS:
 What is consent in legal terms.
 Indian scenario.
 Statutes regarding consent.

LITERATURE REVIEW:
Textbook on Indian Penal Code by K.D. Gaur
This book presents the Indian Penal Code in a comprehensive manner and simplifies the
legislation. It also provides an analysis on the various of law and helps with better
understanding of criminal law by providing a constituent assembly background with regard to
the same and therefore highlighting its aims and objectives behind every aspect of the law.

Jhala and Raju's Medical Jurisprudence


The book presents technical, medical material in non-technical and simple language. Such
aspects of crime investigation which involve the application of medical science have been
dealt with. The finer legal and medical aspects of the subject have been covered with
meticulous care including liability of the medical profession under Consumer Protection Act.

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