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Report No. 201

(E) Refusal for transfer for treatment or transfer

If a person injured in an accident or in serious medical condition refuses to give consent either for emergency medical treatment (i.e. including stabilization) or for treatment after stabilization, the hospital or medical practitioner must get his written informed consent. Similarly, where for lack of facilities in the hospital or with the medical practitioner, or where the patient requests for transfer, he has to be transferred to another hospital or medical practitioner, and the person refuses for transfer, the person's written informed refusal must be obtained and if such person refusesto give consent, the duty of the hospital or medical practitioner, as provided in Section 5, shall cease to exist. This is provided in proviso to section 5. Proviso reads as follows:

"Provided that where such person refuses to give consent for treatment or transfer, as stated in section 6, thereafter, duty of the hospital or medical practitioner shall cease to exist."

This is provided in section 6 of the Draft Bill.

"6. Refusal by the person to consent for treatment or transfer- Where in respect of a person referred to in section 3, it has been determined that he requires emergency medical treatment or has to be transferred as stated in section 5, and where such person is mentally or physically in a position to refuse in writing,

(i) refuses to consent to emergency medical treatment after the hospital or the medical practitioner, as the case may be, has offered to provide further emergency medical treatment, and after being informed of the risks and benefits of such emergency medical treatment, the duty doctor in the hospital or the medical practitioner shall take all reasonable steps to obtain the person's written informed consent in respect of his refusal to consent for emergency medical treatment; or

(ii)refuses to consent for transfer to another medical facility after the hospital or the medical practitioner, as the case may be, has offered to transfer him to another medical facility in accordance with section 8, and after being informed of the risks and benefits to such person of such transfer, the duty officer in hospital or the medical practitioner, shall take all reasonable steps to obtain the person's written informed consent in respect of his refusal to consent to such transfer."



Emergency Medical Care to Victims of Accidents and during Emergency Medical Condition and Women under Labour Back




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