Guardianship for Incapacitated Persons in Medical Interventions: Legal and Ethical Considerations from the Indian Perspective
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Any medical intervention, even if for the benefit of a patient, requires the respect for patient autonomy and therefore, consent of the patient has to be taken by the medical practitioner before treating a patient. It is an established norm that the respect for autonomy cannot be discarded in the case of incapacitated persons. Therefore, the guardians play an important role in deciding about the medical interventions for incapacitated patients. The process of obtaining consent from guardians of incapacitated persons is not easy, especially in light of difficulties involved in determining the guardian as well as in testing the genuineness of a decision made by him or her on behalf of the incapacitated patient. In addition, such a scenario also brings forward several ethical and legal concerns to medical practitioners and guardians. Hence, the present day challenge in the treatment of incapacitated persons is found in terms of dealing with ethico-legal concerns in giving consent for medical interventions with a view to uphold the best interest of the incapacitated persons.
Abstract
Any medical intervention, even if for the benefit of a patient, requires the respect for patient autonomy and therefore, consent of the patient has to be taken by the medical practitioner before treating a patient. It is an established norm that the respect for autonomy cannot be discarded in the case of incapacitated persons. Therefore, the guardians play an important role in deciding about the medical interventions for incapacitated patients. The process of obtaining consent from guardians of incapacitated persons is not easy, especially in light of difficulties involved in determining the guardian as well as in testing the genuineness of a decision made by him or her on behalf of the incapacitated patient. In addition, such a scenario also brings forward several ethical and legal concerns to medical practitioners and guardians. Hence, the present day challenge in the treatment of incapacitated persons is found in terms of dealing with ethico-legal concerns in giving consent for medical interventions with a view to uphold the best interest of the incapacitated persons.
참고문헌 (14)
- Jane Lynch, "Consent to Treatment" (2011), Radcliffe Publishing Ltd
- Omprakash V. Nandimath, "Consent and medical treatment: The legal paradigm in India", Indian Journal of Urology, 25(3) (2009)
- K. Kannan, "Medicine and Law" (2014), Oxford University Press
- "WMA Declaration of Helsinki - Ethical Principles for Medical Research Involving Human Subjects" (2013)[URL]
- David Lock, "Consent to Treatment: The Competent Patient", Principles of Medical Law
- Judith Laing, , pp.439~441 (2010), Oxford University Press
- Christopher White, "Informed Consent to Medical and Surgical Treatment", pp.337~ (2008), Mosby Elsevier
- Tapas Kumar Koley, "Medical Negligence and Law in India, Duties, Responsibilities and Rights", pp.114~115 (2014), Oxford University Press
- Raphael J. Leo, "Competency and Capacity to make Treatment Decisions: A Primer for Primary Care Physicians", Primary Care Companion to the Journal of Clinical Psychiatry, 1(5), pp.131~ (1999)
- P. Lepping, "Consent in Psychiatry: An Ethical Review", Psychiatric Bulletin, 27, pp.285~289 (2003)
- "Capacity and Competence"[URL]
- Alasdair Maclean, "A Relational Challenge", pp.118~ (2009), CambridgeUniversity Press
- "Aruna Ramachandra Shanbaug v. Union of India and Others 4 SCC 454", ~ (2011)
- Sandeepa Bhat B, "Reflections on Medical Law and Ethics in India", pp.141~ (2016), Eastern Law House