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The Supreme Court has laid down that ‘real consent’ will be the standard for taking consent in India. This real consent is not of the stringent and high degree that is required in ‘informed consent.’ (para 31; para 32 (v); para 33) Simply stated, consent has been liberalized in favour of doctors.

The effect of this judgment will be felt in the days to come, when the above proposition of law will be cited to justify actions taken by doctors in taking consent. 

This judgment also declares that a procedure/surgery can be extended beyond what was agreed or consented only to save the life or preserve the health of the patient and when any delay would be unreasonable. Such an extension cannot be justified on the ground that it was beneficial to the patient or would save considerable time and expense to the patient. (para 32 [iii]) 

The uncertainty on this aspect of medicine, especially amongst interventionists and surgeons, has been addressed by the Supreme Court...

 
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