The question (6 marks)
A young man of twenty-six consents in writing to a diagnostic arthroscopy of his knee under general anaesthesia. During the procedure the surgeon finds a torn ligament and, judging that a second anaesthesia would be wasteful and painful, reconstructs it there and then, first obtaining the signature of the patient's wife who is waiting outside. The reconstruction is competently done, but the patient, a professional dancer, is unable to work for nine months and complains. Answer, with reasons: (i) Was there valid consent for the reconstruction? (ii) Does the wife's signature help the surgeon? (iii) Can the surgeon rely on the emergency exception or on the benefit to the patient? (6 marks)
MU Module II, scope of consent and the emergency exception; pack ch. 02.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · The Doctor-Patient Relationship of Law and Medicine.
Authorities you will need
- Samira Kohli v Dr. Prabha Manchanda
- Bharatiya Nyaya Sanhita 2023, ss. 26 and 30
- Consumer Protection Act 2019, s. 2(11), deficiency including negligence and the withholding of relevant information
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582, on the standard of disclosure adopted in India through Sidaway
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.