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See Latest ArticlesConsent and medical treatment: The legal paradigm in India
Indian Journal of Urology, 10/13/09
Nandimath OV – Before holding the doctor liable, the court said that "we also hold that the failure to perform an emergency operation on the deceased on 11–3–1974 amounts to negligence and the death of the deceased was on account of that failure". This decision makes the entire discussion of consent law more complex. Although this case law can't be given more accent (because it is a High Court decision), the viewpoint is an interesting one to note. In light of all these developments, it may be concluded that there are many grey areas in this field of consent law in India, which can be eliminated by pro–active intervention by the concerned professional regulatory body.
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