Sonam Wangchuk has refused to take treatment.
Nearly three weeks after her hunger strike at New Delhi’s Jantar Mantar, the police have admitted educationist and social activist Sonam Wangchuk to the hospital. It is being said that the police has admitted Sonam not on her own will but on the orders of the Delhi High Court. Her supporters allege that Sonam has been forcibly admitted to the hospital.
Meanwhile, Sonam Wangchuk’s wife Geetanjali has demanded from the Delhi High Court that Sonam Wangchuk should be shifted to a private hospital in Delhi instead of Safdarjung Hospital, she does not trust Safdarjung Hospital.Let us understand with the help of Sonam Wangchuk, what can doctors do if the patient refuses treatment? Also know what are your medical consent rights?
Does the patient have such a right?
Trust between the doctor and the patient is very important during treatment. The doctor gives information about the disease. The patient states his wishes. Many times doctors recommend any operation, medicine, test or admission. But the patient may refuse to take treatment. A competent adult patient has the right to accept or refuse treatment. This is called medical consent i.e. right to medical consent. The rules may be different in some special situations. Such as accident, unconsciousness, lack of mental capacity or life-threatening emergency.
Sonam Wangchuk.
What is medical consent?
Medical consent means the patient’s voluntary permission for treatment. This permission should be given after understanding the information. Mere signing is not consent. For proper consent, the patient should know what disease or problem he has. What treatment is being suggested? What is the purpose of treatment? What can be the benefits of treatment? What could be the risks or side effects of the treatment? What can be the effect of not getting treatment? Is there any other option available? What could be the likely cost of treatment? When the patient understands all this and says yes willingly, then it is called informed consent.
Can the patient refuse treatment?
An adult patient who has the mental capacity to make his own decisions may refuse treatment. He may also refuse medicine, surgery, tests, blood transfusion, hospitalization or any other procedure. The patient’s decision may seem wrong or risky to the doctor. Still, the doctor should respect the patient’s wishes. For example, a person has been advised to have an operation. The doctor told that the operation would be beneficial. Still the patient does not want to undergo operation. He may refuse, but the doctor must also ensure that the patient has taken the decision with complete information.
After the strike, their risk of organ failure has increased.
What is the responsibility of a doctor?
The doctor’s job is not just to stop the treatment if the patient refuses. A doctor has important responsibilities.
1- Explaining the disease and treatment in simple language
The doctor should clearly tell the patient what the disease is. Why is treatment necessary? What will be the benefit of treatment? What harm can happen if treatment is not done? Too many difficult medical terms can confuse the patient, so the doctor should use simple language.
2- Checking the patient’s understanding
The doctor should check whether the patient understands the matter or not. The patient may be in fear, pain, stress, intoxication, unconsciousness or mental distress. In such a situation, his decision cannot be considered completely independent or wise. The doctor may ask the patient what he or she understood.
3- Giving options
Many treatments may have more than one option. The doctor should provide information about the available options. Such as another medicine, a less risky procedure, another specialist’s opinion or just treating the symptoms. If the patient wishes, he can also take a second opinion i.e. he can take advice from another qualified doctor.
4- Telling about the risk
If the patient is refusing treatment, the doctor should explain the possible risks. For example, the disease may progress. Pain may increase. Organ damage may occur. A serious situation may arise. This information should not be meant to scare. Its purpose is to help the patient make wise decisions.
5- Keeping written records
The doctor or hospital can record the patient’s refusal in the medical record. In many cases, the patient may be asked to sign a refusal of treatment form. In this form it can be recorded that the doctor explained the treatment, risks and options. The patient voluntarily decided not to receive treatment. If the patient does not want to sign, the doctor can make a record of this also. If necessary, the presence of a witness can be recorded.
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Can a doctor forcibly give treatment to a patient?
Not under normal circumstances. It is not considered appropriate to give treatment to a competent adult patient against his wishes. It is important to respect the patient’s body and personal decision. The doctor’s responsibility is to give advice. The final decision usually rests with the patient, but there may be some exceptions. It depends on the facts of each case and the applicable law.
What happens in an emergency?
Many times the patient becomes unconscious. He cannot speak. He does not have any family members and delay in treatment can put his life at risk. In such an emergency, doctors can start necessary life-saving treatment. This is usually done on the basis of presumed consent. It is believed that if the patient had been conscious, he would have accepted life-saving treatment.
Who decides in the case of a minor patient?
In the case of children, parents or legal guardians usually give consent for treatment. The doctor can also ask the child’s opinion according to his age and understanding. But if there is a serious threat to the child’s life and the parents are refusing necessary treatment, then the matter can become complicated. The hospital may seek help from the relevant legal process or child protection system.
Also read: Is it a compulsion or necessary for the government to get treatment… What is the law on hunger strike?
What is the role of family?
Family can provide emotional support. They can ask questions. They can help the patient understand his or her options, but the wishes of the competent adult patient are most important. The family cannot impose its wishes on the patient. If the patient does not want treatment and is capable of taking decisions, the doctor should listen to him. Yes, if the patient wishes, he can include a family member in his medical information and decision making process.
In simple words, medical consent is a right related to the dignity and freedom of the patient. A competent adult patient can usually accept or refuse treatment. It is the responsibility of the doctor to explain the disease, treatment, benefits, risks and options in simple language. Different rules may apply in cases such as emergency, unconsciousness, minor or lack of mental capacity.
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