Medical ethics: emergency treatment without consent: 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 ethics: emergency treatment without consent

Sample item

A 40-year-old man is brought unconscious after a road accident, hypotensive with signs of a ruptured spleen. No relative can be traced. What should the surgeon do?

AWait until a relative or a court order is obtained before operatingBProceed with emergency surgery in good faith, recording the circumstances and a second opinionCRefuse treatment, since valid consent cannot be obtainedDTreat only with intravenous fluids until he regains consciousness

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

The answer and the reasoning

B. Proceed with emergency surgery in good faith, recording the circumstances and a second opinion

In an emergency when the patient cannot consent and no guardian can be reached, a doctor may act in good faith for his benefit under the implied-consent principle, which the criminal law protects. The need, the attempts to find relatives and, ideally, a colleague's concurrence should be documented. Delay in a life-threatening situation is the greater harm.

Option by option

A. Wait until a relative or a court order is obtained before operating
Waiting for a court order or a relative could cost the patient his life.
B. Proceed with emergency surgery in good faith, recording the circumstances and a second opinion (correct)
Correct. Good-faith lifesaving treatment without consent is legally protected in emergencies.
C. Refuse treatment, since valid consent cannot be obtained
Refusing care would breach the duty to treat and expose the doctor to a charge of negligence.
D. Treat only with intravenous fluids until he regains consciousness
Fluids alone will not control continuing haemorrhage from a ruptured spleen.

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 B, Proceed with emergency surgery in good faith, recording the circumstances and a second opinion. In an emergency when the patient cannot consent and no guardian can be reached, a doctor may act in good faith for his benefit under the implied-consent principle, which the criminal law protects.

Why is "Wait until a relative or a court order is obtained before operating" not the answer?

Waiting for a court order or a relative could cost the patient his life.

Why is "Refuse treatment, since valid consent cannot be obtained" not the answer?

Refusing care would breach the duty to treat and expose the doctor to a charge of negligence.

Why is "Treat only with intravenous fluids until he regains consciousness" not the answer?

Fluids alone will not control continuing haemorrhage from a ruptured spleen.

What concept does this question test?

It tests Medical ethics: emergency treatment without consent in Forensic Medicine. The need, the attempts to find relatives and, ideally, a colleague's concurrence should be documented. Delay in a life-threatening situation is the greater harm.

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 ethics: emergency treatment without consent?

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.