Medical Consent and Civil Liability: Patients’ Right to Information

Author: Manveen Kaur Chadha, Kanoria School of Law for Women

INTRODUCTION

In today's society, consent is the most crucial element in both legal and medical fields. Without informed consent, a person may face liability. Compensation ought to be given to the individual who has incurred harm as a result of the infringement of his right to knowledge. Right to information, is often known as Patients' autonomy, it is their legal right to know about their health, make their own decisions, and give consent if they believe it is appropriate. Here, consent is defined by the Indian Contract Act, under section 13 which stipulates that a party's assent must be freely given and not motivated by fear or deception and the giver must be a major and unaffected by the law. In the case of minors, the guardian may provide consent. Thus, providing consent in a medical context indicates that you are willingly accepting the associated risks involved in the individual's life and acknowledging the nature of the treatment as well. What happens if a patient provides consent due to emotional coercion? Would that consent be considered valid under the law? If consent is given out of emotion, it won't be seen as legitimate since consent must be offered in a way that makes sense

UNDERSTANDING INFORMED CONSENT

Formal consent is more than just a signature on a paper with written terms; it illustrates the patient-doctor relationship and confidence that the doctor is entrusted with the patient's life and its risks. In the past, everything was documented on paper with the signature on paper to indicate consent. However, with advancements in technology, digital signatures have now become a means of expressing consent. As everything can be explained to patients via digital media, they can readily access the procedure that will be used for their treatment and provide their consent online without physically being present, thus it is in their best interests. However, granting consent implies that it be provided voluntarily and not out of deception or fear of another person; if it is offered under pressure then it will be deemed void consent. There are many forms in which consent can be given like written, implied, verbal and electronic. Consent can be withdrawn at any time, including if the patient believes he has not fully disclosed all the facts. People occasionally become emotional when providing their approval, but it's important to remember that consent should be granted in all respects. If the patient is able to offer their own consent, the third party's consent should be prohibited; however, there is an exemption for minors and the elderly, who are unable to do so on their own, in which case the guardian will act in their best interests. Perfect consent can be given in non- non-prompressed environment and where the person has trust.

CIVIL LIABILITY IN MEDICAL

Civil liability occurs when a caregiver fails to meet their obligations and, as a result, causes harm to the patient, making them liable for damages. The medical professional has several responsibilities, such as the obligation to care for the patient; failure to do so will be considered negligence, which refers to a violation of the obligation that ought to have been fulfilled. It is mentioned in tort law and contract law. Negligence in medicine can be done by wrong medications, error in surgeries and failure to inform about the risks which can occur. Then damages will be paid by the accused because of whom the harm has been incurred it can be paid by giving medical expenses, or the income which has been lost, or for cost of future care. If the damage was unintended, the medical professional is not liable because, despite his extreme caution, the harm nonetheless happened without his intervention. Taking reasonable care is the key to be safe from the liability which a person can attract because of the unintentional harm caused by them.

CHALLENGES AND CONTROVERSIES

The medical professional faces a number of difficulties. While protecting patients they can face legal, ethical and practical challenges. Another obligation that shouldn't be breached is the right to notify the patient, about the things if not it can create the problem.

Incomplete or withheld information

Sometimes doctors decide to keep information from patients because they think it would make them unconscious or to avoid causing them any distress. This is sometimes carried out for the benefit of the patient's health.

Complex medical Language

Patients are educated about the medical treatment, but because the language used on the form is difficult, they are unaware of some facts that could put them in danger or pose a risk because half of the information is not known to them.

Time constraint

Since the doctor handles a lot of situations, they may omit or provide insufficient information to the patient because of the less time they have.

Information overloaded

Giving the patient too much information on the medical procedure can occasionally make them feel afraid and uninterested because it is too much for them to handle.

Minor and Vulnerable groups

This is a major problem for healthcare practitioners because old and minor patients are often vulnerable and may find it difficult to understand medical information or procedures.

EMERGING ISSUES OR FUTURE DIRECTION

Every field is changing as a result of societal, legal, and technological advancements; the medical field is no exception. Right to information also calls for modifications and the creation of new laws. AI is also being used more frequently for diagnosing purposes. In addition, consent forms are delivered online for e-signature, which patients can complete from the comfort of their own homes. Information is sent via online emails to the patient about their medical procedure. Since everything is done online, the consent given may be fraudulent, and occasionally the information or medical procedure provided by AI is inaccurate. These are the problems that we may encounter as a result of using AI, so we can not fully rely on it. At the moment, patients are being monitored via phone conversations or video calls that do not adequately depict their state, and drugs are also being sought from AI, which does not provide the proper therapies. Humans can use AI to learn in the future, but they shouldn't rely on it exclusively; instead, they should speak with a doctor and obtain their advice. Patients should always give their consent and try to sign the consent form offline to make sure they are receiving the best care possible. Additionally, doctors can provide patients a succinct and straightforward explanation of the treatment, making sure that all pertinent details are included. This information can be posted on their official website for people to view and take note of, which would assist the doctors save time and streamline the process. People can use internet portals to give their consent, obtain medications, and learn about their diagnosis.

CONCLUSION

The most crucial part of everything is the right to information; a person must be aware of everything he is involved in in order to make decisions. If a patient visits the medical facility for diagnosis, he has every right to know what is important for him to know, which is crucial because it is the responsibility of the medical professional to advise the patient about the risks and benefits that could befall him. Since the medical staff has a responsibility to care for their patients, they will be held liable if they fail to warn of potential danger. If they are negligent, they will also be responsible for paying for it. Nowadays, patients have a lot of relief since they can access everything online, learn about things, and sign and send consent forms online. Children and the elderly also require special attention because they have trouble understanding procedures and doctors find it challenging to provide them with enough information that they can understand without overwhelming them or causing them to miss anything that they should know. There are various methods for practitioners to make amends for the damage they have inflicted on patients, which include not just financial compensation but also providing free medication. Additionally, those who lack education should receive more attentive care, as they may struggle to comprehend certain information. so that they may readily view the item and sign the consent form without fear, but the consent must be given voluntarily and without fear. People should believe real life information more than the AI generated information which is doubtful in every way.