LIABILITY OF DOCTORS FOR NON-CONSENSUAL MEDICAL TREATMENT: A CRITICAL ANALYSIS OF CASES

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.