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Consent given for a diagnostic procedure is not a valid consent for therapeutic treatment as the diagnostic procedure and therapeutic treatment are different and separate consent for both are required. The registered medical practitioner, hospital should always inform the patient and his/her relatives about the diagnostic procedure as well as therapeutic treatment separately and should take informed written consent for both separately.
The 3 Judges Constitution Bench of Hon’ble Supreme Court of India in the landmark judgment titled as “Samira Kohli versus Prabha Manchanda, AIR 2008 SC 1385 has held that:
“32 We may now summarize principles relating to consent as follows:
(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. ”