Peranan Borang Keizinan dalam Menentukan Sama Ada Pesakit Telah Memberi Keizinan kepada Rawatan Perubatan (The Role of the Consent Form in Determining Whether or Not a Patient Had Given Consent to Medical Treatment)

In medical practice, a doctor can perform medical treatment only if the patient has given his consent. That consent can be given either expressly or impliedly. In this matter, it is a practice in the hospitals to provide consent form to be signed by patients before undergoing treatment such as, surgery. The signature of a patient on the consent form is considered as an expressed consent, indicating that consent has been given in writing. The question here is whether or not a signature or a thumb print on a consent form can be regarded as conclusive proof that the patient has been given all relevant information needed to enable him to make an informed consent. Is the presence of a signature indicates that the attending doctor had performed his duty to disclose all relevant information such as the risks involved and whether his patient has understood what had been disclosed and explained to him? This article aims at analysing the issue of whether evidence of a signed consent form is adequate to protect a doctor from liability in medical negligence cases involving the issue of informed consent.