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This is an archive article published on January 17, 2008

No surgery without patient146;s consent, rules SC

The apex Court has ruled that doctors cannot perform surgeries without patient8217;s consent, unless it is for saving a life.

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Coming down heavily on the crass commercialisation of the private medicare in the country, the Supreme Court has ruled that doctors cannot perform surgeries without the patient8217;s consent, unless it is for saving a life.

A three-Judge Bench expressed anguish over the increasing commercialisation of private medicare as patients are subjected to innumerable and avoidable tests and medication involving prohibitive costs.

8220;Unless the unauthorised additional or further procedure is necessary in order to save the life or preserve the health of the patient and it would be unreasonable to delay the further procedure until the patient regains consciousness and takes a decision, a doctor cannot perform such procedure without the consent of the patient,8221; the Apex court said.

The Bench comprising Justices B N Agarwal, P P Naolekar and R V Raveendran, passed the ruling while awarding a compensation of Rs 25,000 and waiver of surgery fees to a woman Samira Kohli, whose uterus was removed by a lady obstetrician Dr Prabha Manchanda without her consent.

It was alleged that Kohli 44 was admitted to the private hospital for 8220;dignostic and operative laparscopy8221; but instead a 8220;hysterectomy removal of uterus and bilateral salpingo-oopherectomy8221; removal of fallopian tubes was performed rendering her incapable of bearing any child in the future.

 

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