Medical law: consent in minors: 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.

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Forensic Medicine · Medical law: consent in minors

Sample item

A 16-year-old girl needs an elective appendicectomy and has come alone. Whose consent is legally required for surgery?

AHer own, since she is above 12BNo consent is needed for minorsCHer parent or guardian, as she is below 18DThe hospital administrator

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

The answer and the reasoning

C. Her parent or guardian, as she is below 18

Valid consent for elective surgery requires a person of 18 years or more, so for a minor the parent or guardian gives consent. In emergencies where delay endangers life, treatment may proceed without it, in good faith and in the child's interest. Assent of the child should also be sought.

Option by option

A. Her own, since she is above 12
Twelve years is relevant only for limited good-faith acts, not elective surgery.
B. No consent is needed for minors
Consent is always needed for non-emergency procedures.
C. Her parent or guardian, as she is below 18 (correct)
A minor below 18 cannot give legally valid consent for surgery.
D. The hospital administrator
A hospital administrator cannot consent on a guardian's behalf in non-emergencies.

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.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is C, Her parent or guardian, as she is below 18. Valid consent for elective surgery requires a person of 18 years or more, so for a minor the parent or guardian gives consent.

Why is "Her own, since she is above 12" not the answer?

Twelve years is relevant only for limited good-faith acts, not elective surgery.

Why is "No consent is needed for minors" not the answer?

Consent is always needed for non-emergency procedures.

Why is "The hospital administrator" not the answer?

A hospital administrator cannot consent on a guardian's behalf in non-emergencies.

What concept does this question test?

It tests Medical law: consent in minors in Forensic Medicine. In emergencies where delay endangers life, treatment may proceed without it, in good faith and in the child's interest. Assent of the child should also be sought.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. 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 in minors?

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.