Ayesha Majid, University School of Law & Legal Studies, Guru Gobind Singh Indraprastha University, Dwarka, New Delhi
ABSTRACT
With the idea of a welfare state, it is imperative on the governments to make such rules and legislations that protect the rights of its citizens. The issue of informed consent aims at highlighting the right of the patients of self -determination and their autonomy in decision-making. Although informed consent is an important process, its effectiveness and validity is still a concern.
This paper analyses the concept of informed consent through its history, global significance and various judicial pronouncements such as the Bolam Test which helped shape the judicial decisions. Also, various issues involving the implementation of the informed consent process have been discussed along with some suggestions that can help improvise the implementation of this concept.
Keywords: consent, informed consent, Indian laws, doctor-patient relationship, medical emergency
