What is it about?
How is the concept of 'real or valid consent' in India understood? This paper will reflect on the underlying ethical and legal principles of the doctrine of real or valid consent in the Indian context. This paper uses a hermeneutic approach to the landmark Supreme Court case to provide a qualitative interpretation of the Indian medical judiciary's concept of 'real or valid consent' and its implications.
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Why is it important?
In this paper, I am concerned with the standard of care which medical professionals owe to patients and family members of patients. The significance of the discussion of material facts about the treatments is highlighted.
Perspectives
Writing this paper was my first step to uncover the concept of 'real or valid consent' within the Indian context. As law and ethics are intertwined, in this paper I have focussed on the understanding and its implications of the concept of the 'real or valid consent' within medical negligence cases in India.
Supriya Subramani
Indian Institute of Technology Madras
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This page is a summary of: Patient autonomy within real or valid consent: Samira Kohli’s case, Indian Journal of Medical Ethics, January 2017, Forum for Medical Ethics Society,
DOI: 10.20529/ijme.2017.038.
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