BE INFORMED ABOUT CONSENT FOR A TREATMENT

A patient has a right to consent and refuse a treatment being advised by the doctors. Most of us agree to be treated not because we have understood the treatment but because we trust the doctor. Is that the right approach? Well, in theory it is not but it is what is widely practiced. What can you do to know when to consent or not? Here are some things you should know before you give consent to a treatment.

What is Consent? A doctor needs your permission to examine you. For instance, walking into a doctor’s clinic is implied consent for being examined. A consent is creates an agreement in the eyes of the law. Most surgeries require you to sign a consent form whereas routine inspections are done without signing of a consent form. Both of these are nevertheless consented treatments.

Who is eligible to give consent? The first question that a patient should ask is – whether he/she is eligible to give consent? Legally, any one above the age of 18 and with a sound mind can give consent. This is not as easy as it looks. There are times when you won’t be in position to give consent because you do not understand the treatment being offered. There may also be a situation where you are desired to give multiple consents because of the nature of the surgery. In such cases each of these consents is independent and important.

Who decides if you are eligible to give consent? So, the question is – who decides whether you can give consent or not? It is your examiner. The doctor, surgeon or in some cases your care-taker (for mentally challenged), your parents/guardians (for children below 18). These people have a duty to ensure that you understand your treatment. They are bound by the duty of ‘best interest’ of the patient in cases where they will be taking your decisions. In cases of emergency, the doctor on duty has the obligation to treat you in your best interest either to save a patient from dying or becoming severely unwell. In cases, where the patient feels (either after being treated or during his treatment) that the decision has not been taken in the best interest he can always seek assistance from other doctor’s/surgeon’s or a lawyer working in that area.

Information for informed consent: Though the doctor has a duty to inform you about the treatment before he seeks your consent – but there are questions that you may want to know answers of before being treated. The most important of these are – what is the treatment involve? What are the benefits of the treatment? What are the risks involved? What happens if you don’t take the treatment? And is there an alternative treatment available? A patient may ask unlimited questions and can seek reasonable time to introspect his final decision before he consents to the treatment, unless it is a case of an emergency. In cases, where it is difficult for you to understand the treatment, the patient has a right to seek advice from other doctors who can explain things better or from friends who have the knowledge etc. Giving consent to a treatment is an agreement and it is important the patient gives an informed consent.

Can I refuse treatment?: A refusal to be treated is also perfectly acceptable legally – and counts as consent. The doctor and your care-takers, parents/guardians are bound by your decision to not be treated. Also, as a patient, you can change your decision any time during the treatment but you need to well understand what implications it may have on your health. This consent, like mentioned above, will be independent of your earlier consent and should be communicated to the doctors by the patient or through your parents/guardians clearly. Your ‘best interest’ is in your decisions and the doctors have to guide you in order to enable you to take such decisions for yourself.

Rimali Batra