A Bench comprising Justices B N Agarwal, P P Naolekar and R V Raveendran said, “Unless the unauthorised additional or further procedure is necessary in order to save the life or preserve the health of the patient and it would be unreasonable to delay the further procedure until the patient regains consciousness and takes a decision, a doctor cannot perform such procedure without the consent of the patient.”

The Court clarified that if a patient has given consent for a certain treatment or diagnostic procedure, the doctors should limit the treatment or surgery, unless it was necessary to save the life of the person, who might be in an unconscious state.

The court passed the order while awarding a compensation of Rs 25,000 and waiver of surgery fees to Samira Kohli, whose uterus was removed by obstetrician Dr Prabha Manchanda without her consent.

It was alleged that Kohli (44) was admitted to the private hospital for “diagnostic and operative laparoscopy” but instead a “hysterectomy (removal of uterus) and bilateral salpingo-opherectomy (removal of fallopian tubes)” was performed rendering her incapable of bearing a child in the future.

“Consent in the context of a doctor-patient relationship, means the grant of permission by the patient for an act to be carried out by the doctor, such as a diagnostic, surgical or therapeutic procedure,” said the order.