DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2021-2026

HEALTH AND MEDICINE LAW

SYNOPSIS- “Consent and medical treatment : The legal paradigm in.

India”

SUBMITTED TO- SUBMITTED BY -

DR. PREM KUMAR GAUTAM VAISHNAVI SINGH

ASSISTANT PROFFESSOR ENROLLMENT N0-210101162

DR. RMLNLU B.A. LLB(HONS.)

 INTRODUCTION

Consent is an expression of autonomy and represents the right of a patient to make a decision
in a medical matter concerning him. Consent is not just a procedural formality but also a legal
requirement. The process of informed consent occurs when communication between a patient
and physician results in the patient’s authorization or agreement to undergo a specific medical
intervention. In India, the number of suits against doctors is increasing because of failure to
take informed consent or inadequate consent from patients. for various procedures. Any
examination of a patient by the doctor without his consent amounts to assault (351IPC).
Ignorance of laws is not a defense in negligence cases, so every practicing doctor should be
aware of their responsibilities about consent in medical practice. Consent is not an option but
a necessity in medical practice

This project delves into the legal paradigm of consent and medical treatment in India,
exploring key legal frameworks, case laws, and judicial precedents that have shaped the
current practice of informed consent. The study focuses on the application of legal principles
in obtaining valid consent, the evolving role of the judiciary in protecting patient rights, and
the ethical challenges faced by medical professionals.
 OBJECTIVE OF STUDY

The objective of this study is to investigate the legal standards surrounding informed consent
in medical treatment within India. The key goals of the study are:
 To explore the legal framework for informed consent in India, including statutory
provisions and judicial pronouncements.
 To analyze the role of the judiciary in shaping medical law with respect to consent
through landmark cases and the interpretation of relevant legal principles.
 To assess how legal decisions in India impact medical practices, especially in the
context of patient autonomy, medical negligence, and malpractice.
 To identify the challenges that healthcare professionals face in implementing legal
standards of informed consent in the Indian socio-cultural context.

HYPOTHESIS

 Hypothesis 1: The Bolam Test, which emphasizes the standard of care set by medical
professionals, continues to influence the legal understanding of medical consent in
India, leading to more lenient interpretations of medical negligence.

 Hypothesis 2: The Samira Kohli v. Dr. Prabha Manchanda (2008) case significantly
strengthened the requirements for informed consent, emphasizing patient autonomy
and shared decision-making.

 Hypothesis 3:Informed consent is often compromised in emergency medical

situations, leading to potential ethical and legal dilemmas.
 LITERATRURE SURVEY

The concept of informed consent in Indian law has evolved over time, shaped by various
ethical considerations and legal precedents. Below is a survey of the key literature related to
informed consent in India:

1. Indian Legal Framework on Informed Consent:

 The Indian Penal Code (IPC), 1860: Section 90 of the IPC addresses the issue of
consent, but its application in medical treatment is complex, especially in cases of
medical malpractice. The section establishes that consent given under duress or fraud
is not valid.
 Indian Contract Act, 1872: Section 10 of the Indian Contract Act lays the foundation
for valid consent in contracts, including medical consent. However, the act does not
adequately address the nuances of medical treatment consent.
 The Consumer Protection Act, 1986: This act provides the basis for treating medical
negligence as a form of deficiency in service, where informed consent plays a crucial
role in determining whether medical practitioners have fulfilled their duty.

Landmark Judgements in India:

1. The Bolam Test (1957):

 Bolam v. Friern Hospital Management Committee (1957): This landmark English

case laid down the principle that a doctor is not negligent if they follow a practice
accepted by a responsible body of medical practitioners, even if another body of
professionals might disagree. It established the "Bolam Test," which set a standard of
care based on the medical profession’s consensus.
 Impact of the Bolam Test in India: The Bolam Test was adopted in India, particularly
in cases of medical negligence, and continues to be cited in judgments. Indian courts
have used this test to determine whether a doctor’s actions were reasonable according
to the prevailing standards of medical practice.
o Case Example: In Dr. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu
Godbole (1969), the court applied the Bolam Test, emphasizing the standard of
care expected in medical practice.

2. Samira Kohli v. Dr. Prabha Manchanda (2008): This landmark judgement by the
Supreme Court of India addressed the issue of consent in a medical procedure where
the patient was undergoing an ovarian cyst removal. The court ruled that informed
consent is required for medical treatment, and a doctor must disclose all possible risks
associated with the procedure. This case emphasized the importance of shared
decision-making between doctor and patient.
 3. Ethical Dimensions of Informed Consent:

 Autonomy and Beneficence: The principle of patient autonomy, where individuals

have the right to make informed decisions about their healthcare, is at the core of the
ethical discussion around informed consent. The dilemma arises when doctors,
motivated by beneficence (doing what’s best for the patient), may override patient
decisions in favor of what they believe is the best treatment.

 Cultural and Social Influences: In India, family involvement in healthcare decisions

is significant. Cultural expectations often influence how medical decisions are made,
particularly in the case of minors or individuals unable to provide informed consent
due to mental incapacity. This sometimes conflicts with legal standards that
emphasize individual autonomy.

Findings:

Based on the study, the following findings are expected:

1. Legal Clarity and Strengthening of Informed Consent: Indian courts, especially in

cases like Samira Kohli and Dr. Laxman Joshi, have contributed significantly to the
legal clarity surrounding informed consent, reinforcing the principle that medical
practitioners must obtain valid, informed, and voluntary consent from patients.

2. Challenges in Practical Implementation: Despite clear legal principles, the practical

implementation of informed consent remains challenging. Cultural factors, such as the
central role of the family in decision-making, often complicate the process. Patients
may feel pressured to consent to treatment decisions made by family members, even if
they are capable of making their own choices.

3. Cultural and Social Impact: In India, informed consent is not always strictly
adhered to in practice, especially in rural areas or among certain socio-cultural groups.
Traditional norms, hierarchical family structures, and a lack of health literacy among
patients often lead to situations where patients may not fully understand the
implications of the treatment they are consenting to.

4. Impact of Legal Precedents: The Samira Kohli case, in particular, has had a
significant impact on shaping the practice of informed consent in India. The
judgement reinforced the need for patients to be informed of the risks and alternatives
associated with medical procedures, although challenges remain in ensuring that this
standard is consistently met across healthcare institutions.
 Conclusion:

This study highlights that while Indian courts have established important legal precedents
regarding informed consent, challenges remain in ensuring that informed consent is fully
understood and implemented in practice. Cultural and social factors complicate the
application of legal standards, and healthcare providers must navigate these complexities to
ensure that patient autonomy is respected. The study emphasizes the importance of
continuing legal reforms and improving patient education to address these issues.

References:

1. Samira Kohli v. Dr. Prabha Manchanda (2008), Supreme Court of India.

2. Dr. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole (1969), Supreme Court of
India.

3. Parmanand Katara v. Union of India (1989), Supreme Court of India.

4. Indian Penal Code, 1860.

5. Indian Contract Act, 1872.

6. Consumer Protection Act, 1986.

7. Searight, H.R., & Gafford, J. (2005). Cultural Diversity at the End of Life: Issues and
Guidelines for Family Physicians. American Family Physician, 72(3), 483-488.