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Special Circumstances

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eMediNexus    02 June 2022

  • If the patient is a child <12 years of age, consent is taken from the parent or guardian.
  • In an emergency involving a child where parents and guardians are not available, consent can be obtained from the person who is in charge of the child at that moment (Loco Parentis).
  • Consent given for an illegal act is not valid.
  • In an emergency where the patient is unconscious and unfit to give consent, emergency doctrine is applicable.
  • Consent of spouse for operation and treatment in the routine course is not necessary. However, consent is required if the procedure/instrument used involves danger to life or can impair sexual functions.
  • Consent of both the spouses is required in case of an operation involving reproductive and sexual organs, such as sterilization. In cases of artificial insemination donor, consent is need from both the recipient husband and wife and the donor and his wife.
  • Under Medical Termination of Pregnancy Act 1972, for MTP, the consent of pregnant woman is sufficient if she is >18 year of age and has sound disposing mind. If the pregnant woman is <18 years old, unconscious or is of unsound mind, consent is taken from her parent or legal guardian.
  • Any information pertaining to the nature of illness of the patient can not be disclosed to a third party without his consent except in the following situations:
  • Privileged communication.
  • Case of negligence against the doctor where he can reveal the secrets in his defence.
  • When asked by the honorable court or judge.
  • Consent should be taken from the next of kin of a deceased person for performing clinicopathological autopsy. Consent is not required for medicolegal autopsy since the law of the land gives the consent.
  • For cadaveric transplantation, consent is taken form the next of kin, who is in possession of the dead body.
  • For publication of patients record or data or photographs, in articles or journals, consent must be taken from them and assurance should be given that their identity will be protected.
  • Written informed consent should be obtained from individuals participating in a research programme/clinical trial. 

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