| Validity of consent--a review of statutes. | |
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MedLine Citation:
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PMID: 15738614 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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In recent years there have been a number of malpractice suits based on lack of consent or inadequate consent from the patient for the procedure used in treatment. This is a particularly dangerous suit for the doctor since the burden of proof lies on the doctor. Furthermore since the suit is based on intentional assault, some insurance policies do not cover the doctor for his liability. The common meaning of consent is permission, whereas the law perceives it as a contract i.e. an agreement enforceable by law. So a doctor needs to understand the legal basis of consent rather than the common meaning of it. The present article aims to discuss the various legal aspects of consent as viewed in the Indian law. |
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Authors:
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Binaya K Bastia; Ajee Kuruvilla; K M Saralaya |
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Publication Detail:
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Type: Journal Article; Review |
Journal Detail:
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Title: Indian journal of medical sciences Volume: 59 ISSN: 0019-5359 ISO Abbreviation: Indian J Med Sci Publication Date: 2005 Feb |
Date Detail:
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Created Date: 2005-03-01 Completed Date: 2005-08-15 Revised Date: 2005-11-16 |
Medline Journal Info:
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Nlm Unique ID: 0373023 Medline TA: Indian J Med Sci Country: India |
Other Details:
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Languages: eng Pagination: 74-8 Citation Subset: IM |
Affiliation:
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Department of Forensic Medicine and Toxicology, Kasturba Medical College, Mangalore, Karnataka, India. drbastia@indiatimes.com |
Export Citation:
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| MeSH Terms | |
Descriptor/Qualifier:
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Contracts
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legislation & jurisprudence* Disclosure / legislation & jurisprudence Humans India Informed Consent / legislation & jurisprudence* Malpractice / legislation & jurisprudence* Physician-Patient Relations / ethics |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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