Chapter: 3.2.2 Medico legal Aspects of Communication

1. Laboratory Reports:
Laboratory reports are written communication intended to provide accurate findings of the particular test to enable the physician to diagnose the case and aid the treatment. These documents have legal status and are accepted by the courts in the case of medical negligence.

2. Failure to Communicate:

The physicians must communicate with their patients on all matters related to their medical / surgical management. In certain circumstances the doctor to whom a case is referred is required to communicate with the referring doctor and vice versa. A failure or miscommunication leading to patient suffering will -have to be compensated by the persons concerned.

3. Consent:

Apart from the requirement of consent being there under various laws of the country, there is now specific provision in the Indian Medical Council Professional Conduct, Etiquette & Ethics) Regulations 2002 vide Regulation no. 7.16, which states, "Before performing an operation the physician should obtain in writing the consent from the husband or wife, parent or guardian in the case of a minor, or the parent himself as the case may be. In an operation which may result in sterility the consent of both husband and wife is needed.

For the purpose of clinical examination, diagnosis and treatment, consent can :be given by any person who is conscious, mentally sound and is of / above twelve years of age as applicable under sections 88 and 90 of the Indian Penal :Code 1860.

Consent thus forms an important aspect of doctor-patient communication. In most of the cases filed against the doctors, it is alleged that either no consent was Obtained or a legally invalid consent was obtained.