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| Article Name : | | | LIABILITY OF DOCTORS FOR NON-CONSENSUAL MEDICAL TREATMENT: A CRITICAL ANALYSIS OF CASES | | Author Name : | | | VENUGOPAL B.S. | | Publisher : | | | Ashok Yakkaldevi | | Article Series No. : | | | GRT-2144 | | Article URL : | |  | Author Profile View PDF In browser | | Abstract : | | | A doctor should obtain consent of a patient for administration of any treatment and performance of any medical procedures, respecting the right of self-determination of a patient emanating from the principle of bodily autonomy to decide what shall be done with his body. He invites liability for battery in case of any non-consensual medical treatment unless the situation is one which falls within the legally recognized exceptions viz., an emergency and where a statute is silent as to who is entitled to give consent. In this article an attempt is made to critically analyse a few judicial decisions laid down in some foreign jurisdictions imposing liability on doctors for medical intervention without the consent of the patients. | | Keywords : | | |
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