EXPLORE!

Will a doctor be held criminally liable if he abides by an advance directive of his patient

  574 Views

eMediNexus    10 January 2023

No, the treating doctor who in good faith abides by an advance directive will not be held liable under criminal law.

 

In the matter titled as “Common Cause versus Union of India, 2018 (5) SCC 1 passed by the Hon’ble Constitution Bench of four Judges of the Supreme Court of India, has held that:

 

“vi) An individual who is in a sound and competent state of mind is entitled by means of an advance directive in writing, to specify the nature of medical intervention which may not be adopted in future, should he or she cease to possess the mental ability to decide. Such an advance directive is entitled to deference by the treating doctor. The treating doctor who, in a good faith exercise of professional medical judgment abides by an advance directive is protected against the burden of criminal liability;”

To comment on this article,
create a free account.

Sign Up to instantly get access to 10000+ Articles & 1000+ Cases

Already registered?

Login Now

Most Popular Articles

News and Updates

eMediNexus provides latest updates on medical news, medical case studies from India. In-depth medical case studies and research designed for doctors and healthcare professionals.