Question

Principle : When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
Facts : 'P' submitted a written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':

• A. 'P' can claim damages from 'S'.
• B. 'P' is not bound to pay expenses of the surgery.
• C. 'P' is required to pay expenses for surgery for Appendicitis but not for Gall Bladder.
• D. 'P' cannot claim damages from 'S'.

Answer 1

Answer: (A)

'P' can claim damages from 'S'.

A written consent for surgery was given by 'P' to surgeon 'S'. The consent was given only for the act of removal of appendicitis. However, 'S' also removes the gall bladder of 'A' for which no consent was given. This act was therefore carried out without the permission and approval of 'P'. In this case, 'S' acted sans valid consent. There is disobedience to the right of the patient's autonomy. (Ram Bihari Lal v Dr.J.N.Srivastave. AIR 1985 MP 150).