Medical law: consent, Samira Kohli: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

Try it

Forensic Medicine · Medical law: consent, Samira Kohli

Sample item

A woman consents to diagnostic laparoscopy. While she is under general anaesthesia the surgeon finds uterine disease and removes the uterus, without any emergency. What is the legal position based on Samira Kohli v Prabha Manchanda?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

D. Consent for diagnosis does not extend to a therapeutic procedure, so the surgeon is liable for battery

The Supreme Court held that consent for a diagnostic procedure does not authorise a therapeutic procedure unless it is needed in an emergency to save life or avoid serious harm. Doing so without fresh consent is battery and a breach of the patient's autonomy, even if the surgery was beneficial.

Option by option

  • A. Consent to one procedure covers any procedure the surgeon thinks necessary

    Consent is specific to the procedure explained, not blanket.

  • B. No liability arises because the outcome was medically appropriate

    Good outcome does not cure absence of consent.

  • C. Liability arises only if the patient dies

    Liability for battery does not depend on death.

  • D. Consent for diagnosis does not extend to a therapeutic procedure, so the surgeon is liable for battery (correct)

    Correct. Separate consent is needed for the additional procedure when delay is possible.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

More Forensic Medicine questions

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is D, Consent for diagnosis does not extend to a therapeutic procedure, so the surgeon is liable for battery. The Supreme Court held that consent for a diagnostic procedure does not authorise a therapeutic procedure unless it is needed in an emergency to save life or avoid serious harm.

Why is "Consent to one procedure covers any procedure the surgeon thinks nece…" not the answer?

Consent is specific to the procedure explained, not blanket.

Why is "No liability arises because the outcome was medically appropriate" not the answer?

Good outcome does not cure absence of consent.

Why is "Liability arises only if the patient dies" not the answer?

Liability for battery does not depend on death.

What concept does this question test?

It tests Medical law: consent, Samira Kohli in Forensic Medicine. Doing so without fresh consent is battery and a breach of the patient's autonomy, even if the surgery was beneficial.

How hard is this question?

We tag it as a multi-step question: it asks you to combine more than one idea. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law: consent, Samira Kohli?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.