Medical law and 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 law and ethics: emergency treatment without consent

Sample item

An unconscious road accident victim is brought to the casualty with no relative present. The surgeon finds a ruptured spleen and does an emergency laparotomy without anyone's consent. What is his legal position?

AThe operation is lawful only after a magistrate's orderBProtected, as an act in good faith for the patient's benefit when consent could not be obtainedCThe operation is lawful only if the police give consentDLiable for assault, since written consent was not taken

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

The answer and the reasoning

B. Protected, as an act in good faith for the patient's benefit when consent could not be obtained

Indian criminal law protects a doctor who acts in good faith for the benefit of a person who cannot give consent and has no guardian or relative available in time, if delay would endanger life. Emergency treatment under such circumstances does not need consent. The reasons and findings should be documented.

Option by option

A. The operation is lawful only after a magistrate's order
A magistrate's order is not required and would delay life-saving treatment.
B. Protected, as an act in good faith for the patient's benefit when consent could not be obtained (correct)
Correct. A good faith emergency act for the patient's benefit is protected.
C. The operation is lawful only if the police give consent
The police have no authority to consent on behalf of the patient.
D. Liable for assault, since written consent was not taken
The law recognises emergency treatment without consent when consent is impossible.

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, Protected, as an act in good faith for the patient's benefit when consent could not be obtained. Indian criminal law protects a doctor who acts in good faith for the benefit of a person who cannot give consent and has no guardian or relative available in time, if delay would endanger life.

Why is "The operation is lawful only after a magistrate's order" not the answer?

A magistrate's order is not required and would delay life-saving treatment.

Why is "The operation is lawful only if the police give consent" not the answer?

The police have no authority to consent on behalf of the patient.

Why is "Liable for assault, since written consent was not taken" not the answer?

The law recognises emergency treatment without consent when consent is impossible.

What concept does this question test?

It tests Medical law and ethics: emergency treatment without consent in Forensic Medicine. Emergency treatment under such circumstances does not need consent. The reasons and findings should be documented.

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 and 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.