Both law and medicine are dynamic and keep on changing. As a result, ‘SOP on Patients Consent’, a comprehensive and legally compliant document for Indian patients has been prepared. It is the outcome of a unique, collaborative deliberation done every year by a large number of doctors, hospitals, and medical societies.

Real consent vs informed consent

In the landmark decision of Samira Kohli v/s Dr. Prabha Manchanda & Anr., the Supreme Court of India reinterpreted the Indian consent law in January 2008. The English idea of 'real consent,' which arose from Bolams Law, was preferred to the American doctrine of 'informed consent,' which originated in Canterbury.

There are no strict and high standards for what information doctors must provide their patients in order to secure their consent, the court said. Instead, doctors should provide information to their patients that are accepted as normal and proper by a group of medical professionals skilled and experienced in the particular field.

However, physicians and medical associations now have the responsibility of determining which method of treating patients is the most effective and which method is lawful. Therefore, this project is an attempt to write a standard operating procedure (SOP) on patient consent in compliance with the Supreme Court's judgement by incorporating renowned physicians and medical organisations in writing and maintaining the whole process participatory, consultative and transparent.

SOP on patients consent

Law and medicine are ever-changing, thus this standard operating procedure is revised on a yearly basis. As the first of its type in the world, the Institute of Medicine & Law has spearheaded and enabled the initiative (IML).

New patient consent form