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doctor cannot perform such procedure without the consent of the patient.
18. We may also refer to the code of medical ethics laid down by the
Medical Council of India (approved by the Central Government under
section 33 of Indian Medical Council Act, 1956). It contains a chapter
relating to disciplinary action which enumerates a list of responsibilities,
violation of which will be professional misconduct. Clause 13 of the said
chapter places the following responsibility on a doctor :
"13. Before performing an operation the physician should obtain in
writing the consent from the husband or wife, parent or guardian in the
case of a minor, or the patient himself as the case may be. In an
operation which may result in sterility the consent of both husband and
wife is needed."
We may also refer to the following guidelines to doctors, issued by the
General Medical Council of U.K. in seeking consent of the patient for
investigation and treatment :
"Patients have a right to information about their condition and the
treatment options available to them. The amount of information you
give each patient will vary, according to factors such as the nature of
the condition, the complexity of the treatment, the risks associated with
the treatment or procedure, and the patient’s own wishes. For example,
patients may need more information to make an informed decision
about the procedure which carries a high risk of failure or adverse side
effects; or about an investigation for a condition which, if present,
could have serious implications for the patient’s employment, social or
personal life.
xxxxx
You should raise with patients the possibility of additional problems
coming to light during a procedure when the patient is unconscious or
otherwise unable to make a decision. You should seek consent to treat
any problems which you think may arise and ascertain whether there
are any procedures to which the patient would object, or prefer to give
further thought before you proceed."
The Consent form for Hospital admission and medical treatment, to
which appellant’s signature was obtained by the respondent on 10.5.1995,
which can safely be presumed to constitute the contract between the
parties, specifically states :
"(A) It is customary, except in emergency or extraordinary
circumstances, that no substantial procedures are performed upon a
patient unless and until he or she has had an opportunity to discuss
them with the physician or other health professional to the patient’s
satisfaction.
(B) Each patient has right to consent, or to refuse consent, to any
proposed procedure of therapeutic course."
19. We therefore hold that in Medical Law, where a surgeon is
consulted by a patient, and consent of the patient is taken for diagnostic
procedure/surgery, such consent cannot be considered as authorisation or
permission to perform therapeutic surgery either conservative or radical
(except in life threatening or emergent situations). Similarly where the
consent by the patient is for a particular operative surgery, it cannot be
treated as consent for an unauthorized additional procedure involving
removal of an organ, only on the ground that such removal is beneficial to
the patient or is likely to prevent some danger developing in future, where
there is no imminent danger to the life or health of the patient.
doctor cannot perform such procedure without the consent of the patient.
18. We may also refer to the code of medical ethics laid down by the
Medical Council of India (approved by the Central Government under
section 33 of Indian Medical Council Act, 1956). It contains a chapter
relating to disciplinary action which enumerates a list of responsibilities,
violation of which will be professional misconduct. Clause 13 of the said
chapter places the following responsibility on a doctor :
"13. Before performing an operation the physician should obtain in
writing the consent from the husband or wife, parent or guardian in the
case of a minor, or the patient himself as the case may be. In an
operation which may result in sterility the consent of both husband and
wife is needed."
We may also refer to the following guidelines to doctors, issued by the
General Medical Council of U.K. in seeking consent of the patient for
investigation and treatment :
"Patients have a right to information about their condition and the
treatment options available to them. The amount of information you
give each patient will vary, according to factors such as the nature of
the condition, the complexity of the treatment, the risks associated with
the treatment or procedure, and the patient’s own wishes. For example,
patients may need more information to make an informed decision
about the procedure which carries a high risk of failure or adverse side
effects; or about an investigation for a condition which, if present,
could have serious implications for the patient’s employment, social or
personal life.
xxxxx
You should raise with patients the possibility of additional problems
coming to light during a procedure when the patient is unconscious or
otherwise unable to make a decision. You should seek consent to treat
any problems which you think may arise and ascertain whether there
are any procedures to which the patient would object, or prefer to give
further thought before you proceed."
The Consent form for Hospital admission and medical treatment, to
which appellant’s signature was obtained by the respondent on 10.5.1995,
which can safely be presumed to constitute the contract between the
parties, specifically states :
"(A) It is customary, except in emergency or extraordinary
circumstances, that no substantial procedures are performed upon a
patient unless and until he or she has had an opportunity to discuss
them with the physician or other health professional to the patient’s
satisfaction.
(B) Each patient has right to consent, or to refuse consent, to any
proposed procedure of therapeutic course."
19. We therefore hold that in Medical Law, where a surgeon is
consulted by a patient, and consent of the patient is taken for diagnostic
procedure/surgery, such consent cannot be considered as authorisation or
permission to perform therapeutic surgery either conservative or radical
(except in life threatening or emergent situations). Similarly where the
consent by the patient is for a particular operative surgery, it cannot be
treated as consent for an unauthorized additional procedure involving
removal of an organ, only on the ground that such removal is beneficial to
the patient or is likely to prevent some danger developing in future, where
there is no imminent danger to the life or health of the patient.
