Skip to main content

Posts

Showing posts from February, 2024

Consent of the patient or his relative in medical profession

  This consent of the patient or his relative before the performance of a medical health case is known as “informed consent”. It is well established that the patient has the right to complete information in non-professional terms, relating to diagnosis, treatment, and prognosis.  He should also be informed about the alternative treatment and its possible complications. The foremost duty of the medical professional to disclose all these aspects to the patients, however subject to two exceptions: a) No disclosure is required, if the patient indicates a preference not to be informed, or b) If the physician or the surgeon believes in the exercise of served medical judgment that the patient is so anxious or disturbed that the information would not be processed rationally or that it would probably cause significant psychological harm.   In the New York case of schhendorff Vs. New York Hospital, 211NY, 215, Justice Cardozo held:- “Every human being of adult years an...

Oath as a Witness

            When a witness is called to the witness box, he must take an oath before offering testimony. "The evidence which I shall give to the court shall be the truth, the whole truth, and nothing but the truth," must be repeated by the witness when taking the oath. Saying "I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth, and nothing but the truth" is the required statement for a witness wishing to testify in solemn affirmation. No failure to take an oath or make an affirmation, no replacement of one person for another, and no irregularities of any kind in the form or manner in which any oath or affirmation is administered , shall render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth? 1.  Section 4 & 5 and the Schedule of the Oaths Act...