Fw: Re: Few questions on Informed Consent of Patients

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Dr Vijay Thawani,

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From: ash.paul@... <ash.paul@...>Subject: Re: Few questions on Informed Consent of Patientsnetrum-owner Date: Sunday, 3 July, 2011, 3:55 AM

Dear Geer,In the UK, every patient has to sign an informed patient consent formbefore any surgical intervention.The consent form specifically states that the surgeon might need to doadditional operations/treatment if required in the patient's interest.If the patient does not sign the consent form, the operation cannot takeplace, as that would mean violating a patient's individual rights, andit goes against the European Court of Human Rights as well. If thedoctors/hospital think that the operation is absolutely necessary forthe patient's survival, they can go to court urgently to try and makethe patient a ward of the court, in order to give the treatment. Thisscenario usually never happens except in the case of Jeehovah'switnesses, a special Christian sect who are forbidden by their religionto accept blood transfusions from anybody else, including their ownfamily

members. A small number of Jeehovah's witnessses have died as aresult of not accepting life-saving blood transfusions.Regards,AshDr Ash Medical DirectorNHS Bedfordshire>>> Dear Members:>> I seek your answers to a few questions below on the Informed Consentof> Patients. Kindly put forth your viewpoint and oblige.>> 1. If an informed consent has not been sought from a patient before a> medical proceedure, where lies the burden of proof if a patient lodgesa> complaint to this effect. Does it lie on the patient or on the> physician?>> 2. Does consent to enter into a contract for medical treatment

meanthe> same as consent to the medical treatment itself?>> 3. Does consent once granted imply consent to each and every medical> action?>> 4. Can consent once granted be revoked at any time?>> 5. Under what circumstances can duty of medical care override the> principle of consent?>> 6. What should a surgeon do if while performing an operation hesuddenly> feels the need to perform an additional proceedure or some innovation> for which he has not sought a prior informed consent?>> 7.Can a physician presume consent to have been granted if the medical> action itself or its consequences are not major ones?>> 8. Can presumed consent ever be deduced by a physician from the> patient's behaviour?>> With Regards>> Dr Geer M Ishaq>