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Few questions on Informed Consent of Patients

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Dear Members:

I seek your answers to a few questions below on the Informed Consent of

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 lodges a

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 mean the

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 he suddenly

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

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