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All procedures or treatments on a patient must be done only after he or she has provided consent. Now, this ‘consent’ has to be given:
- By a person who is conscious, of sound mind and above 12 years of age.1
- Free from any undue influence, threat, mistake.1
- For a specific intervention. For instance, a treatment or procedure that requires written consent.2
- By a person who understands the risks, benefits and alternate treatments available.2
- In a language and manner understood by all parties involved.2
Consent of minors (children below the age of 18)
Before performing an operation, a physician should obtain the written consent of the patient or the patient’s caregiver, spouse or guardian (in case of a minor).3.Further, such consent is necessary where the treatment is potentially dangerous.4.The duty to ensure this falls upon the hospital administration and the doctor treating the minor.
Failure to take consent
Doctors have to take consent for all medical procedures. Otherwise, this may result in disciplinary action as well as a case against the doctor. If the doctor takes consent by causing fear or misconception, he or she is committing a crime under the law.1 However, if a doctor in good faith5 believes that the situation is too urgent to wait for the patient’s consent or it is not possible to obtain it, he may proceed with the emergency treatment. An example would be an emergency abortion if the woman’s or fetus’s (unborn baby) life is in danger. Further, failure to take consent will result in disciplinary actions against the doctor. If you face such a situation, you can file a complaint.2
- Section 90, Indian Penal Code, 1860. [↩] [↩] [↩]
- Charter of Patient Rights, Ministry of Health and Family Welfare. [↩] [↩] [↩] [↩]
- Section 7.16, The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
- Annexure 8, Clinical Establishments Act 2010 (Standards for Hospital Level 1A & 1B) [↩]
- Section 52, Indian Penal Code, 1860. [↩]
Rajesh sharma
August 11, 2023
Very very know and useful.Thank you very much.
Jimmy Oberoi
September 26, 2023
I already have history of LAD disease. 80% blockage was diagnosed in Feb 2023.
On 12th Sept while going to office I got shooting pain in my chest and left hand.
Passers y on the road helped me and admitted me in the first nearest hospital.
I was admitted in ICU for one day and next 2 days in general ward
Since had group Insurance policy of ICICI Lombard , I innformed them through Email within 24 hours of my Hospitalization and got an acknowledgement.
That hospital doesnot have insurance facilities.
So I submitted all my medical documents and bill for reimbursement.
ICICI LOMBARD rejected my claim stating that that hospital is delisted.
I was admitted in emergency in that golden hour.
How any one at that point of time can realize
and find out if that hospital is de listed.
All my medical documents and my medical history is 100% genuine.
Is there any legal clause to get my claim reimbursed.
The claim is approx 37 thousand.
Awaiting your comments
Thanks
Alka Manral
September 2, 2024
You can appeal this decision. You can write to ICICI Lombard, and explain the emergency of the nature of your hospitalization and why it was not possible to check if the hospital was delisted at that time. Include all relevant medical documents and any correspondence you had with the insurance company. If your appeal is rejected, then you should approach an Ombudsman for assistance under the Insurance Act, 1938. An ombudsman is an official who looks into complaints against businesses, financial institutions, etc. which are filed by private citizens. The ombudsman will mediate between you and insurance company. Keep all the relevant documents with you, for example bills, policy copies, payment receipts, KYC documents, to support your claim.