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Arrangement of Informed Consent in Medical Record as Evidence for Patient’s Civil Lawsuit at Court

Journal: International Journal of Scientific Engineering and Science (Vol.3, No. 3)

Publication Date:

Authors : ;

Page : 29-33

Keywords : Informed Consent; Medical Record; Patient’s Evidence; Court.;

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Abstract

Informed consent is legal foundation of doctor-patients relationship in delivering health service. However, it has not been welldocumented in medical records of patients. Informed consent should be a legal contract document between doctors and patients though it is stated as agreement statement from patients. Informed consent as written proof in civil lawsuit at court is very crucial for patients. However, it raises problems for patients because firstly, from administrative point of view, written proof is on the domain of health service facilities and technically, there has been unequal level of knowledge among doctors on health service delivery. Judges are required to take an active part in investigating health service lawsuit at court not by assigning the burden of proof on the part of patients but by applying shifting burden of proof system to give fair court decision.

Last modified: 2019-04-26 21:07:05