Medico Legal Corner
Is the consent given for a diagnostic procedure also valid as consent for therapeutic treatment?
Dr KK Aggarwal & Advocate Ira Gupta, 02 November 2018
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
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