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RFP Journal of Hospital Administration

Volume  4, Issue 1, Jaunary–June 2020, Pages 25-29
 

Original Article

Dilemma when an Admitted Patient Refuses Further Medical/Surgical Care by Treating Doctor and Hospital: The Doctrine of Informed Refusal Evoked

Neha Sharma, Arijit Dey, A Yadav, K Prasad, Sudhir Gupta

1Senior Medical Officer, 2Senior Resident, 3Associate Professor, 4Professor and Head, Dept. of Forensic Medicine, AIIMS, New Delhi

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Abstract

When a doctor or hospital enters in a contract of treating a patient with informed consent and due to whatever may be the reason s/he or his/her legal heirs do not want to continue further treatment with that doctor or hospital and want a discharge even in a life threatening condition of patient, the Doctrine of Informed Refusal is evoked. The role of doctor to treat his patient starts with valid consent and gets terminated with the valid refusal, hence keeping in view the right of the patient or his/her legal heirs to take autonomous decision for the treatment, the doctor has no right rather than to accept their choice and it must be documented as Informed Refusal or denial for treatment with one or two independent witnesses. The patient should be discharged with appropriate medical advice which may be Intravenous drip, use of Ventilator and assistance of doctorin safe transport of patient by road or air to the place or hospital of their choice.

Key words: Patient; Consent; Informed Refusal.
 


Corresponding Author : Arijit Dey