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Question

Mr Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at emergency/casualty ward), the doctor opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first.

A
Doctors should operate first
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B
Doctors should inform his family members
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C
Doctors should inform his employers
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D
Doctors should not involve anyone because it would violate patient's right of privacy
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Solution

The correct option is A Doctors should inform his family members
As per the guiding law, a doctor who treats without valid consent will be liable under the tort and criminal laws. The law presumes the doctor to be in a dominating position, hence the consent should be obtained after providing all the necessary information.

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