Medico Legal Corner
Can the consent for stenting be taken from the non-spouse relatives of the patient?
No, consent for stenting cannot be taken from the non-spouse accompanying relatives of the patient, unless the patient is minor, mentally challenged or incapacitated.The MCI Code of Ethics Regulation, 2002 state:“MCI: 7.16: Before performing an operation the physician should obtain in writing the consent from the husband or wife, parent or guardian in the case of minor, or the patient himself as the case may be. In an operation which may result in sterility the consent of both husband and wife is needed.”In a case decided by Supreme Court of India, SCI, Civil Appeal No. 1949 of 2004, 16.01.2008, Samira Kohli vs Dr. Prabha Manchanda and Anr, B.N. Agrawal, P.P. Naolekar and R.V. Raveendran, JJ, the following was observed:“45. The Respondent next contended that the consent given by the appellant’s mother for performing hysterectomy should be considered as valid conse...
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