Medico Legal Corner
In which situations consent is not necessary to be obtained by the doctor or hospital?
Dr KK Aggarwal & Advocate Ira Gupta, 26 March 2019
In case of medical emergency, the doctor can operate on the patient without his or her consent and the doctor is protected by the defence of medical necessity of obtaining consent from the patient.The 3 Judges Constitution Bench of Hon’ble Supreme Court of India in the landmark judgment titled as “Samira Kohli versus Prabha Manchanda, AIR 2008 SC 1385 has held that:“…The doctor, therefore, is required to communicate all inherent and potential hazards of the proposed
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