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Forensic Medicine · Medical law: scope of consent
Sample itemA 44-year-old woman consents to a diagnostic laparoscopy for infertility. Under anaesthesia the surgeon finds fibroids and performs a hysterectomy, with no life-threatening emergency. What was the appropriate course?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
A. Complete the diagnostic procedure, let the patient recover and obtain fresh consent for any further surgery
Consent is specific to the procedure explained. An extension is justified only to save life or prevent grave harm that cannot wait, as recognised by the Supreme Court of India in Samira Kohli v Prabha Manchanda. A non-urgent additional surgery requires fresh informed consent from the patient once she can decide.
Option by option
A. Complete the diagnostic procedure, let the patient recover and obtain fresh consent for any further surgery (correct)
Correct. A non-urgent extension needs fresh consent from the patient herself.
B. Proceed, because consent for laparoscopy implies consent for any gynaecological operation
Consent to one procedure does not cover another, major procedure.
C. Proceed after informing a relative while the patient is still anaesthetised
A relative cannot consent for a competent adult who will be able to decide shortly.
D. Proceed, because a surgeon may extend any surgery during anaesthesia
Extension without consent is justified only in a true emergency.
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.
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