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COMPARATIVE STUDY OF INDIA AND UK: INFORMED CONSENT

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Comparative study of India and UK Doctors, owe their clients a duty to disclose any conflict of interest that has arisen and to inform their clients. There are many ways in which this may arise in practice—for example, if a doctor has conducted a client's case negligently. Doctors are in breach of their professional code of conduct if they fail to comply with these duties. A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic. Though a doctor may not be in a position to save his patient's life at all times, he is expe...

DOCTORS LIABILITY: WHEN AND TO WHAT EXTENT??? INFORMED CONSENT

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Doctors Liability: When and to what extent? When I read about the doctors Liability and its extent I come across this sentence “consent given only for a diagnostic procedure, cannot be considered as consent for therapeutic treatment.” The fact that the authorized additional surgery is beneficial to the patient, or that it would save considerable time and expense to the patient, or would relieve the patient from the pain and suffering in future are no grounds for defense here. In case it was to save life only then it’s an exception. A common consent maybe taken where such an issue or doubt rises. There can also be a common consent for a particular surgical procedure and an additional or further procedure that may become necessary during the course of surgery It is a well-accepted and established principle in Law that, every patient has a right to be adequately informed of his medical condition, and the same has been encoded in all rules guiding to medical ethics and medica...