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Pre-printed consent form in hospital

 SHORT NOTE ON LEGAL OPINION ON PRINTED CONSENT FORM IN HOSPITALS:


The National Commission in Vinod Khanna V. RG Stone Urology & Laparoscopy Hospital pronounced that taking consent through printed consent form by the hospital amounts to unfair trade practice and hospital to discontinue to same forthwith. Commission imposed the cost of Rs 10 lakh on the Hospital for taking consent thorough printed consent form. 


No guidelines shall be issued that how can hospital manage to get consent from the patient without using pre-printed consent form. It is not desirable to use manuscript form and explain each & every detail to a patient. The information shall be disclosed to a certain extent keeping in mind the mental and physical condition of the patient. Hospital inform the risk in order to take consent from the patient for the treatment not to scare patient so that he is unable to take decision. The judgement pronounced by the National Commission cause Chaos in Medical fraternity in term of taking valid consent. 


The finding of the National Commission are as follow-

  1. No medical negligence is service of the doctor and the hospital

  2. The complaint is frivolous 

  3. The consent signed by the complainant is found to be informed, But

  4. The uniform use of pre-printed and fixed informed consent by the hospital amounts to unfair trade practice and hospital is directed to discontinue it. The hospital is liable to pay Rs 10 Lakh compensation on the account of unfair trade practice. 


There are mainly 3 issues raised before the Supreme Court of India-

  1. Whether the use of pre-printed informed consent by the applicant hospital to record consent from the patient’s amount to unfair trade practice with in the meaning of section 2(1)(r) of the consumer protection act, 1986. Section 2(1)(r) of the Consumer act, 1986 provides unfair trade practice which for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice.

  2. The pleas of pre-printed consent form & prayer of any punitive damages not forming the part of complaint. Whether National Commission could pass any adverse order in absence of such plea. The National Commission act is an example of judicial overreach which resulted into the violation of principle of natural justice & an unfair practice. It causes delay in the proceeding and complainant deprive from justice. National commission and court are not allowed to take such measure for the concern of public good as it is a case of personal issue. 

  3. Extend of disclosure of risk to be made to the patient by the concerned doctor or hospital. The disclosure of risk shall be given to the patient to the certain extend which help the patient to take the decision. The disclosure of all the risk include the rarest of the rare case will cause agony to the patient. The extend of disclosing the risk depend upon the mental & physical condition of individual patient. 


When it comes to unfair trade practice. In case of General Motor India Private Ltd. V. Ashok Ramnaik Lal Tolat, the Supreme Court of India provided the essential condition for unfair trade practice are-

  1. It must be trade practice

  2. Used to promote trade

  3. Unfair mean to promote trade 

The Supreme Court also note that court shall not provide punitive damages to the complainant until and unless the plea of the complainant shall clearly mentioned about claiming punitive damages from the defence. Punitive damages shall be awarded against a conscious wrong doing unrelated to the actual loss suffered. 

In the case of Godfrey Phillips India V. Ajay Kumar, Supreme Court held that complaint filed by an individual for personal issues shall not be considered as issue of public at large. The complainant is not permissible to represent others. 


In the case of Samira Kohli V. Dr. Prabha Manchanda, Supreme Court held that the information about the risk involved in treatment should be limited to certain extend depend upon the mental & physical condition of concerned patient. Disclosing remote consequences are not a right way to disclose risks related to treatment. 


The patient shall not allowed to file frivolous complaints against the doctors & hospitals. On finding complaint to be false the complainant shall be liable under consumer act, 1986. The hospital and doctor should know about the law of consent to protect them during false medical negligence cases. 


                                                                       
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