The question (12 marks)
What is consent in medical treatment? Explain the different kinds of consent, the information a doctor must give before taking it, and the standard by which the adequacy of that information is judged in India. Illustrate with decided cases. (12 marks)
MU Module II, consent in the doctor-patient relationship; 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, 27, 28 and 30
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582; Sidaway v Bethlem Royal Hospital Governors
- Canterbury v Spence, considered and not adopted
- Gillick v West Norfolk and Wisbech Area Health Authority, House of Lords
- Medical Termination of Pregnancy Act 1971, s. 3(4); Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994, s. 5; Transplantation of Human Organs and Tissues Act 1994, s. 12
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.