Online ISSN: 2515-8260

THE ETHICAL AND LEGAL ASPECTS OF INFORMED CONSENT

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Dr. Rajib Kumar Majumdar1 and Abhishek Majumdar2

Abstract

Informed consent or the learned acquiescence is an important and underlying principle of bio-ethics. The specific character of the informed consent as it is in the present form has been due to it assuming a dominant and important character in the otherwise translational relationship between the patient and the doctor during the course of twentieth century. The earlier distinctive spirit of medicine as founded on the trust in physician's decision based upon the fact that "doctor knows best" has seen a steady decline resulting in a trust deficit and here upon, developing the doctrine of 'informed consent' wherein, the patient has been put in charge of his own care through the propagation and advancement of his own will and right to self determination as advocated in Article 21 of the Constitution. The current study is based upon critical analysis and doctrinal method.

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