How to record consent of a patient

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What you'll learn

A doctor has to seek and secure the consent of the patient before commencing a “treatment” (the term “treatment” includes surgery also). The consent so obtained should be real and valid, which means that: the patient should have the capacity and competence to consent; his consent should be voluntary, and his consent should be on the basis of adequate information concerning the nature of the treatment procedure so that he knows what he is consenting to. read more »»

The “adequate information” to be furnished by the doctor (or a member of his team) who treats the patient, should enable the patient to make a balanced judgment as to whether he should submit himself to the particular treatment or not.
This means that the doctor should disclose
(a) nature and procedure of the treatment and its purpose, benefits, and effect
(b)alternatives if any available
(c) an outline of the substantial risks
(d) adverse consequences of refusing treatment

But there is no need to explain remote or theoretical risks involved, which may frighten or confuse a patient and result in refusal of consent for the necessary treatment. Similarly, there is no need to explain the remote or theoretical risks of refusal to take treatment which may persuade a patient to undergo a fanciful or unnecessary treatment. A balance should be achieved between the need for disclosing necessary and adequate information and at the same time avoid the possibility of the patient being deterred from agreeing to a necessary treatment or offering to undergo unnecessary treatment.

Who should attend?

  • All Doctors
  • Physicians
  • Surgeons
  • Nursing Officers
  • Paramedical staff
  • Medical Superintendents
  • Hospital Management
  • Nursing Homes
  • Electronic Medical Record departments of clinical establishments
  • Medical students
  • Indemnity insurer companies

Key concepts covered include:

An Overview of

  • Importance of rights of the patients
  • Duty of disclosure is a new provision under the Consumer Protection Act, 2019
  • Only treating doctors to get the forms signed after counseling
  • Risks and alternate treatments to be disclosed in advance
  • The consent form is a complete document in itself


Mr. Anoop Kumar Kaushal

Advocate, Medical Law, New Delhi


Mr. Anoop Kumar Kaushal is an Independent Practitioner of Medical Law. He comes with more than 30 years’ journey with Doctors, practicing before the Hon’ble National, State & District Consumer Disputes Redressal Commissions/Forum primarily on Medical Negligence compensation and providing support in Disciplinary proceedings before medical councils, Medical Council of India & High Courts & other statutory authorities.

He specializes in proceedings for Forensic study of the human anatomy, analytical & working litigation experience on fixation of malpractice liability issues wired by the pathophysiology, differential diagnosis, choice of treatment, prognosis, known complications, surgical hazards, anesthetic domains, palliative care. He is also an expert to advice on discharge & follow-up advice, ante-natal to postpartum gestation regimen, morbidities of diseases, admissibility of medical records, and standard medical literature.

For: intermediates

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