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Is the consent given for a diagnostic procedure also valid as consent for therapeutic treatment? |
Medico Legal Corner
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Is the consent given for a diagnostic procedure also valid as consent for therapeutic treatment?
Dr KK Aggarwal & Advocate Ira Gupta,  04 November 2019
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No. The two procedures are different and require a separate consent for each.

In the Samira Kohli vs. Dr. Prabha Manchanda and Ors. I (2008) CPJ 56 (SC), the Hon’ble Supreme Court summarized the principles relating to consent as follows: “32. iii: Consent given only for a diagnostic procedure, cannot be considered as consent for therapeutic treatment. Consent given for a specific treatment procedure will not be valid for conducting some other treatment procedure. The fact that the unauthorized additional surgery is beneficial to the patient, or that it would save considerable time and expense to the patient, or would relieve the patient from pain and suffering in future, are not grounds of defence in an action in tort for negligence or assault and battery. The only exception to this rule is where the additional procedure though unauthorized, is necessary in order to save the life or preserve the health of the patient and it would be unreasonable to delay such unauthorized procedure until patient regains consciousness and takes a decision.”

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