Take consent of the patient before undertaking a procedure, not just from the relatives


eMediNexus    14 December 2022

In the matter titled ‘Suresh Chandra Mytle & Anr vs United India Insurance Co. Ltd. & Ors.,’ the NCDRC stated that an informed consent from the relatives of the patient was taken before starting the colonoscopy of the deceased. The doctor could not explain why the consent was not taken from the patient herself. The NCDRC thus held that although the doctor and the hospital were not negligent while performing colonoscopy on the deceased patient, they were grossly negligent in the matter of taking consent of the patient before undertaking the said procedure. [Suresh Chandra Mytle & Anr. vs United India Insurance Co. Ltd.4 ... on 4 July, 2016 National Consumer Disputes Redressal Commission  New Delhi Revision Petition No. 2115 Of 2015 (Against the Order dated 09/04/2015 in Appeal No. 913/2014  of the State Commission Haryana)]

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