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Is the consent given for a diagnostic procedure also valid as consent for therapeutic treatment?

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Dr KK Aggarwal    01 December 2020

No. The two procedures are different and require a separate consent for each.

In the case titled 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 specifictreatment 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 andexpense to the patient, or would relieve the patient from pain and suffering in future, are not grounds ofdefence in an action in tort for negligence or assault and battery. The only exception to this rule is wherethe additional procedure though unauthorized, is necessary in order to save the life or preserve the healthof the patient and it would be unreasonable to delay such unauthorized procedure until patient regains consciousness and takes a decision.”

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