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Consent given for a diagnostic procedure is not valid also as consent for therapeutic treatment

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Dr KK Aggarwal and Ms Ira Gupta    05 July 2018

The two procedures are different and hence a separate consent is required for each. In the Samira Kohli vs Dr. Prabha Manchanda and Anr, SCI, Civil Appeal No. 1949 of 2004, 16.01.2008, the Hon’ble Supreme Court summarised the principles of relating to consent as follows:

“32. iii: Consent given for a specific treatment procedure will not be valid for conducting some other treatment procedure. The fact that the unauthorised 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 unauthorised, is necessary in order to save the life or preserve the health of the patient and it would be unreasonable to delay such unauthorised procedure until patient regains consciousness and takes a decision.”

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