Medico Legal Corner
When is consent not necessary to be obtained by the doctor or hospital?
Dr KK Aggarwal & Advocate Ira Gupta, 16 December 2018
In case of medical emergency, the doctor can operate on the patient without his or her consent and the doctor is protected by the defence of medical necessity of obtaining consent from the patient.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:
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