Medical law and ethics: advance medical directive: 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: advance medical directive

Sample item

An adult with motor neurone disease writes, while competent, that she must not be put on a ventilator in the terminal stage. What is the status of such an advance medical directive in India?

AValid only if signed by the next of kinBVoid as passive euthanasia is unlawfulCValid only after a High Court order each timeDRecognised by the Supreme Court in Common Cause (2018) within the right to die with dignity

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

The answer and the reasoning

D. Recognised by the Supreme Court in Common Cause (2018) within the right to die with dignity

In Common Cause v Union of India (2018) the Supreme Court recognised advance medical directives, or living wills, as part of the right to die with dignity under Article 21, subject to procedural safeguards.

Option by option

A. Valid only if signed by the next of kin
The patient herself executes it; next of kin do not need to sign.
B. Void as passive euthanasia is unlawful
Passive euthanasia was held lawful, so the directive is not void.
C. Valid only after a High Court order each time
No court order is required each time, only the prescribed safeguards.
D. Recognised by the Supreme Court in Common Cause (2018) within the right to die with dignity (correct)
Correct. Common Cause recognised the living will within the right to die with dignity.

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 D, Recognised by the Supreme Court in Common Cause (2018) within the right to die with dignity. In Common Cause v Union of India (2018) the Supreme Court recognised advance medical directives, or living wills, as part of the right to die with dignity under Article 21, subject to procedural safeguards.

Why is "Valid only if signed by the next of kin" not the answer?

The patient herself executes it; next of kin do not need to sign.

Why is "Void as passive euthanasia is unlawful" not the answer?

Passive euthanasia was held lawful, so the directive is not void.

Why is "Valid only after a High Court order each time" not the answer?

No court order is required each time, only the prescribed safeguards.

What concept does this question test?

It tests Medical law and ethics: advance medical directive in Forensic Medicine. The correct option holds because: Correct. Common Cause recognised the living will within the right to die with dignity.

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: advance medical directive?

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.