Professional Documents
Culture Documents
4. Dr. Jacob Mathew vs State of Punjab and another: 2005 SCC 456: The SC held that in order
to make a doctor criminally responsible for the death of a patient, it must be established that
there was negligence or incompetence on the doctor's part which went beyond a mere
question of compensation on the basis of civil liability.
5. Criminal Appeal No. (Dy. No. 22272/2016): Asit Baran Mondal and another vs Rita Sinha
and another:
6. Informed consent:
permission granted in full knowledge of the possible consequence, typically that which is
given by a patient to a doctor for treatment with knowledge of the possible risks and
benefits.
Written informed consent was obtained from each patient.
International convention: The process by which a patient learns about and understands the
purpose, benefits, and potential risks of a medical or surgical intervention, including clinical
trial, and then agrees to receive the treatment and participate in the
7. Six National Bioethics Conference 2017
8. Article 4 of UD on Bioethics and Human Rights on benefit and harm emphasizes that in
applying and advancing scientific knowledge, medical practice and associated technologies,
direct and indirect benefit to patients research participants and other affected individuals
should be maximized and any possible harm to such individuals should minimize.
9. Criminal Negligence: Negligence is simple terms is the failure to take due care and caution
it is a breach of a duty caused by the omission to do something which a reasonable personguided by those considerations which ordinarily regulate the conduct of human affairsshould have done. It may also be doing something, which a prudent and reasonable person
would not have done. The essential components of negligence are duty, breach and resulting
damage. Dr. Jacob Mathew vs State of Punjab and another: 2005 SCC 456:
10. Article 6 (1) of the Universal Declaration on Bioethics and Human Rights: Every medical
treatment requires the patient's informed consent. The significance, the invasion of his body,
understands the significance of his medical condition and the meaning of the treatment, the
dangers, and the benefits inherent in the treatment, and grants his informed consent willingly
and without coercion.
11. Elements of informed consent:
Free will: without coercion or outside pressure
Information: the patient must receive all of the information regarding his condition and the
proposed treatment, including alternative treatments, side effects and the effect of not
receiving treatment.
Competency: The patient must be competent to make an informed decision.
12. Information required or informed consent:
Information about alternative treatments.
Acting without prior consent due to an unforeseen medical problem
Special importance of informed consent for irreversible procedures.
Assumed consent of an unconscious patient.
13. Article 3 of the Universal Declaration on Bioethics and Human rights reads as follows:
Human dignity, human rights and fundamental freedoms are to be fully respected.
The interests and welfare of the individual should have priority over the sole interest of
science or society.