CONSENT

CONSENT

Q. 1

The minimum age for giving consent for medical termination of pregnancy is :

 A

16 years

 B

18 years

 C

20 years

 D

24 years

Q. 1

The minimum age for giving consent for medical termination of pregnancy is :

 A

16 years

 B

18 years

 C

20 years

 D

24 years

Ans. B

Explanation:

18 years


Q. 2

You are an assistant surgeon working in a CHC and a rape convict is brought to you by the police constable. The constable has a letter from the sub inspector of police from the concerned area requesting you to do a potency test and forensic examination of the accused. The accused refused to give consent for the examination and any further tests. What should be done in the above given scenario?

 A

The accused should be sent back as he has refused to give consent

 B

Advise the police constable to take him to a higher centre

 C

Use reasonable amount of force if needed and examine the accused

 D

Record the fact that the examination was not done as the accused has not given consent and wait for a court order

Q. 2

You are an assistant surgeon working in a CHC and a rape convict is brought to you by the police constable. The constable has a letter from the sub inspector of police from the concerned area requesting you to do a potency test and forensic examination of the accused. The accused refused to give consent for the examination and any further tests. What should be done in the above given scenario?

 A

The accused should be sent back as he has refused to give consent

 B

Advise the police constable to take him to a higher centre

 C

Use reasonable amount of force if needed and examine the accused

 D

Record the fact that the examination was not done as the accused has not given consent and wait for a court order

Ans. C

Explanation:

As per section 53 A CrPC, in the above given scenario it is lawful for the medical practitioner to use necessary or reasonable amount of force to examine the accused.

It is important to make sure that the accused is under arrest and the request is from an officer not under the rank of sub inspector of police.

It is not advisable to redirect him to a far away centre as the evidence in this case is perishable.

Ref: Textbook of Forensic Medicine and Toxicology By V.V Pillay, 15th Edition, Pages 16, 17

Q. 3

A person who has been arrested on charges of rape is brought to you. No requests for potency test/forensic examination has been produced by the police constable but the arrested person asks you to examine him and take evidences as he is innocent. What is your option in the scenario?

 A

Wait for a request from a police officer not below the rank of SI

 B

Wait for a court order asking you to do so

 C

Examine the person and collect informations and samples after getting the consent

 D

Tell him that is not possible since he is under arrest

Q. 3

A person who has been arrested on charges of rape is brought to you. No requests for potency test/forensic examination has been produced by the police constable but the arrested person asks you to examine him and take evidences as he is innocent. What is your option in the scenario?

 A

Wait for a request from a police officer not below the rank of SI

 B

Wait for a court order asking you to do so

 C

Examine the person and collect informations and samples after getting the consent

 D

Tell him that is not possible since he is under arrest

Ans. C

Explanation:

As per Section 54 CrPC an arrested person at his request may be examined by a doctor to detect evidence in his favour. This is always important as false accusation may also have lead to the arrest.

Also know:

Section 53 CrPC – In case of a female, the examination should be made only by or under the supervision of a female registered medical practitioner.

Ref: Textbook of Forensic Medicine and Toxicology by Narayan Reddy, Edition 21, Page – 42

Quiz In Between


Q. 4

There has been an outbreak of a new strain of virus in your state and the government has made it compulsory that every single person be vaccinated at the earliest so as to check the spread of the disease, but a collegue of yours who is also supposed to be vaccinated refuses to give consent and says that he will sue you if you vaccinate him without his consent. What is your BEST option in this scenario?

 A

Don’t vaccinate him as you may be penalized

 B

Vaccinate him

 C

Obtain a court order and vaccinate him

 D

None of the above

Q. 4

There has been an outbreak of a new strain of virus in your state and the government has made it compulsory that every single person be vaccinated at the earliest so as to check the spread of the disease, but a collegue of yours who is also supposed to be vaccinated refuses to give consent and says that he will sue you if you vaccinate him without his consent. What is your BEST option in this scenario?

 A

Don’t vaccinate him as you may be penalized

 B

Vaccinate him

 C

Obtain a court order and vaccinate him

 D

None of the above

Ans. B

Explanation:

The law of the land is binding for all the people in the country. In this case you can vaccinate him without his consent as the law itself provides the consent for the vaccination.

Ref: Textbook of Forensic Medicine and Toxicology by Narayan Reddy, Edition 21, Page – 43


Q. 5

Minimum age for giving consent for organ donation in India is?

 A

16 years

 B

18 years

 C

21 years

 D

No age limit

Q. 5

Minimum age for giving consent for organ donation in India is?

 A

16 years

 B

18 years

 C

21 years

 D

No age limit

Ans. B

Explanation:

A legal age of 18 years has been set to consent for termination of pregnancy (MTP Act 1971), donation of blood and donation of organs (Transplantation of Human Organ Act 1994). 

As per Transplantation of Human Organs Act 1994 “donor” means any person, not less than eighteen years of age, who voluntarily authorizes the removal of any of his organs for therapeutic purposes under subsection (1) or sub-section (2) of section 3.

Parents or Guardians consent will be required for any individual below 18 years wishing to donate an organ.


Q. 6

Which of the following is NOT a form of acceptable consent?

 A

Informing the patient the nature of his disease, the proposed treatment or procedure, the alternative procedure, the risks and benefits involved in both the proposed and alternative procedure, the relative chances of success or failure of both procedures

 B

In cases of emergency consent is not necessary

 C

In criminal cases, the victim cannot be examined without his/her consent.

 D

Consent authorizers the attending physician or surgeon to do whatever he thinks best for him under the circumstances.

Q. 6

Which of the following is NOT a form of acceptable consent?

 A

Informing the patient the nature of his disease, the proposed treatment or procedure, the alternative procedure, the risks and benefits involved in both the proposed and alternative procedure, the relative chances of success or failure of both procedures

 B

In cases of emergency consent is not necessary

 C

In criminal cases, the victim cannot be examined without his/her consent.

 D

Consent authorizers the attending physician or surgeon to do whatever he thinks best for him under the circumstances.

Ans. D

Explanation:

Informed Consent: Informing the patient the nature of his disease, the proposed treatment or procedure, the alternative procedure, the risks and benefits involved in both the proposed and alternative procedure, the relative chances of success or failure of both procedures.

This is a highly acceptable form of consent.

Emergency Procedures: In cases of emergency consent is not necessary. This is to save life and is acceptable.
 
Criminal Cases: In criminal cases, the victim cannot be examined without his/her consent. Here, victim has all the rights like anyone else. The law could forcefully examine criminal perpetrators in certain situations, but not victims.
 
Blanket Consent: Consent authorizers the attending physician or surgeon to do whatever he thinks best for him under the circumstances. Used to be used before 1960. This is not an acceptable form of consent in courts.
 
Ref: Problems in Health Care Law, By Robert Miller, Jones & Bartlett Learning, 2006.

Quiz In Between


Q. 7

A school teacher gives consent for treating a child who becomes sick during a picnic away from home town. This type of consent is known as?

 A

Paternalism

 B

Loco Parentis

 C

Vicarious liability

 D

Novus Actus Interveniens

Q. 7

A school teacher gives consent for treating a child who becomes sick during a picnic away from home town. This type of consent is known as?

 A

Paternalism

 B

Loco Parentis

 C

Vicarious liability

 D

Novus Actus Interveniens

Ans. B

Explanation:

Loco Parentis: In an emergency involving children, when parents or guardians are not available, consent is taken from the person in charge of the child.

Paternalism: Is an abuse of medical knowledge so as to distort the doctor-patient relationship in such a way that the patient is deprived of his autonomy, or his ability to make a rational choice.

Vicarious liability (Liability for act of another): An employer is responsible not only for his own negligence but also for the negligence for his employees.
Novus Actus Interveniens: A person is responsible not only for his actions, but also for the logical consequences of those actions. This principle applies to cases of assault and accidental injury.
 
Ref: The Essentials of Forensic Medicine and Toxicology 29th Ed Page 45.

Q. 8

Which of the following statements about consent is ‘NOT TRUE’:

 A

Consent can only be valid if it is given by a person who is sane and has attained maturity, ie. age of 18 yrs

 B

For sterilization of a married person, consent of both spouse, i.e. husband and wife is required

 C

For artificial insemination, consent of the patient alone is required

 D

In emergency situation, if no near relative is available, doctors can perform procedure/surgery necessary to save life even without consent, provided that the procedure intended is certified to be essential to save life of the patient by two doctors.

Q. 8

Which of the following statements about consent is ‘NOT TRUE’:

 A

Consent can only be valid if it is given by a person who is sane and has attained maturity, ie. age of 18 yrs

 B

For sterilization of a married person, consent of both spouse, i.e. husband and wife is required

 C

For artificial insemination, consent of the patient alone is required

 D

In emergency situation, if no near relative is available, doctors can perform procedure/surgery necessary to save life even without consent, provided that the procedure intended is certified to be essential to save life of the patient by two doctors.

Ans. C

Explanation:

For artificial insemination, consent of both the spouses must be taken in writing and the whole procedure should be explained in detail. Other medico legal aspects regarding this are: identity of donor or recipient should not be revealed to each other, doctor conducting artificial insemination should not be involved in childbirth and semen should be obtained only through masturbation not by sexual intercourse.
  • A person above 18 years of age can give a valid consent to suffer any harm which may result from an act not intended or not known to cause death or grievous hurt.
  • Voluntary sterilization procedure is performed on a married person with the consent of both husband and wife.
  • According to doctrine of emergency, a doctor can give the treatment without taking consent from a patient that is gravely sick, unconscious or mentally ill. According section IPC 92 any procedure done in the benefit of a person without his consent in circumstances such as patient being impossible to sign consent, or if he is incapable of giving consent or has no guardian or other person in lawful charge of him is not considered an offence. 
Ref: Concise Textbook Of Forensic Medicine & Toxicology  By Sharma page 113, Textbook of Forensic Medicine and Toxicology  By Jaypee Brothers, page 50.

Q. 9

Not true about consent is

 A

Explaining to the patient the nature of his disease, the proposed treatment or procedure, the alternative procedure, the risks and benefits involved in both the proposed and alternative procedure, the relative chances of success or failure of both procedures

 B

In cases of emergency consent is not necessary

 C

In criminal cases, the victim cannot be examined without his/her consent.

 D

Blanket consent authorizers the attending physician or surgeon to do what ever he thinks best for him under the circumstances.

Q. 9

Not true about consent is

 A

Explaining to the patient the nature of his disease, the proposed treatment or procedure, the alternative procedure, the risks and benefits involved in both the proposed and alternative procedure, the relative chances of success or failure of both procedures

 B

In cases of emergency consent is not necessary

 C

In criminal cases, the victim cannot be examined without his/her consent.

 D

Blanket consent authorizers the attending physician or surgeon to do what ever he thinks best for him under the circumstances.

Ans. D

Explanation:

D i.e. Blanket consent authorizes the attending physician or surgeon to do whatever he thinks best for him under the circumstance

Quiz In Between


Q. 10

Not a part of informed consent is:

 A

All information should be given about treatment options

 B

Concealed information

 C

Any treatment option better than the treatment being provided should be told

 D

All disclosure should be done in a language that the patient can understand

Q. 10

Not a part of informed consent is:

 A

All information should be given about treatment options

 B

Concealed information

 C

Any treatment option better than the treatment being provided should be told

 D

All disclosure should be done in a language that the patient can understand

Ans. B

Explanation:

B i.e. Concealed information


Q. 11

A patient of head injury, has no relatives & requires urgent cranial decompression; Doctor should

 A

Operate without formal consent

 B

Take police consent

 C

Wait for relatives to take consent

 D

Take magistrate consent

Q. 11

A patient of head injury, has no relatives & requires urgent cranial decompression; Doctor should

 A

Operate without formal consent

 B

Take police consent

 C

Wait for relatives to take consent

 D

Take magistrate consent

Ans. A

Explanation:

A i.e. Operate with out formal consent


Q. 12

20 years old young female comes to a male gynaecologist for pelvic examination :

 A

Implied consent

 B

Written consent

 C

Verbal consent

 D

Informed consent

Q. 12

20 years old young female comes to a male gynaecologist for pelvic examination :

 A

Implied consent

 B

Written consent

 C

Verbal consent

 D

Informed consent

Ans. A

Explanation:

A i.e. Implied consent

Quiz In Between


Q. 13

Which of the following statements about consent is ‘not true’:

 A

Consent can only be valid if it is given by a person who is sane and has attained maturity, ie. age of 18 yrs

 B

For sterilization of a married person, consent of both spouse, i.e. husband and wife is required

 C

For artificial insemination, consent of the patient alone is required

 D

In emergency situation, if no near relative is available, doctors can perform procedure/surgery necessary to save life even without consent, provided that the procedure intended is certified to be essential to save life of the patient, by two doctors.

Q. 13

Which of the following statements about consent is ‘not true’:

 A

Consent can only be valid if it is given by a person who is sane and has attained maturity, ie. age of 18 yrs

 B

For sterilization of a married person, consent of both spouse, i.e. husband and wife is required

 C

For artificial insemination, consent of the patient alone is required

 D

In emergency situation, if no near relative is available, doctors can perform procedure/surgery necessary to save life even without consent, provided that the procedure intended is certified to be essential to save life of the patient, by two doctors.

Ans. C

Explanation:

C i.e. For artificial insemination, consent of patient alone is required


Q. 14

Rape, even after consent is considered when age of woman is:

 A

< 16yr

 B

<17 yr

 C

<21 yr

 D

<18 yr

Q. 14

Rape, even after consent is considered when age of woman is:

 A

< 16yr

 B

<17 yr

 C

<21 yr

 D

<18 yr

Ans. D

Explanation:

Ans:D.)< 18 years.

Explanation:
The Criminal Law (Amendment) Act, 2013:
The age of consent in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape.


Q. 15

For MTP consent is taken from

 A

Wife only

 B

Husband only

 C

Both

 D

Neither

Q. 15

For MTP consent is taken from

 A

Wife only

 B

Husband only

 C

Both

 D

Neither

Ans. A

Explanation:

A i.e. Wife only

– MTP Act 1971 allows registered medical practioner with certified experience (by CMO, of assisting  25 MTP cases) to perform abortion in a licenced setup (Governement or private). The consent of only women is required before conducting abortion; written consent of guardian is required if the women is a minor or mentally ill. Consent of husband is not necessaryQ.

MTP Act 1971 does not allow abortion on poor socioeconomic grounds and if only husband (not mother) is willingQ. Rape; contraceptive failure, use of cytotoxic drugs, risk of delivering seriously handicapped baby, and injury to physical & mental health of mother are valid grounds for MTP.

Quiz In Between


Q. 16

Consent from guardian/husband for MTP is required if –

 A

Female is below 28 years of age

 B

Female is below 23 years of age

 C

Female is below 17 years of age

 D

All

Q. 16

Consent from guardian/husband for MTP is required if –

 A

Female is below 28 years of age

 B

Female is below 23 years of age

 C

Female is below 17 years of age

 D

All

Ans. C

Explanation:

Ans. is ‘c’ i.e., Female is below 17 years of age 

The conditions under which a pregnancy can be terminated under the MTP Act. 1971 :

There are 5 conditions that have been identified in the Act :

a.       Medical – where continuation of the pregnancy might endanger the mother’s life or cause grave injury to her physical or mental health.

b.       Eugenic – where there is substantial risk of the child being born with serious handicaps due to physical or mental abnormalities.

c.        Humanitarian – where pregnancy is the result of rape

d.       Socio-economic – where actual or reasonably foreseeable environments (whether social or economic could lead to risk of injury to the health of the mother).

e.        Failure of contraceptive devices – The anguish caused by an unwanted pregnancy resulting from a failure of any contraceptive device or method can be presumed to constitute a grave mental injury to the health of the mother. This condition is a unique feature of the Indian law and virtually allows abortion on request, in view of the difficulty of proving that a pregnancy was not caused by failure of contraception.

The written consent of the guardian is necessary before performing abortion in women under 18 years of age, and in lunatics even if they are older than 18 years.


Q. 17

Regarding medical termination of pregnany, all of the following are true except-:              

September 2007

 A

Professional secrecy has to be maintained

 B

Woman has the right to abort his fetus without consent of husband

 C

In an emergency,termination of pregnancy can be done by a single doctor

 D

Termination of pregnancy up to 20 weeks can be done by medical practitioner without consulting specialist

Q. 17

Regarding medical termination of pregnany, all of the following are true except-:              

September 2007

 A

Professional secrecy has to be maintained

 B

Woman has the right to abort his fetus without consent of husband

 C

In an emergency,termination of pregnancy can be done by a single doctor

 D

Termination of pregnancy up to 20 weeks can be done by medical practitioner without consulting specialist

Ans. D

Explanation:

Ans. D: Termination of pregnancy up to 20 weeks can be done by medical practitioner without consulting specialist

If the period of pregnancy is:

  • Below 12 weeks, it can be terminated by on the opinion of a single doctor.
  • If the period is between 12-20 weeks, two doctors must agree, though only one can do it once the opinion is formed
  • In an emergency, even after 20 weeks a single doctor can perform it.

Consent of the husband for MTP is not required


Q. 18

Female can give consent for sex if she is above:

March 2005

 A

12 years

 B

16 years

 C

18 years

 D

21 years

Q. 18

Female can give consent for sex if she is above:

March 2005

 A

12 years

 B

16 years

 C

18 years

 D

21 years

Ans. C

Explanation:

Ans:C.)18 years.

Explanation:
The Criminal Law (Amendment) Act, 2013:
The age of consent in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape.

Quiz In Between


Q. 19

False about informed consent:

AIIMS 07; AFMC 12

 A

Alternate procedures/treatment to be concealed from the patients

 B

Patient must be told about the risks

 C

Patient must be explained about the whole procedure

 D

Patient must be explained in the language he under­stands

Q. 19

False about informed consent:

AIIMS 07; AFMC 12

 A

Alternate procedures/treatment to be concealed from the patients

 B

Patient must be told about the risks

 C

Patient must be explained about the whole procedure

 D

Patient must be explained in the language he under­stands

Ans. A

Explanation:

Ans. Alternate procedures/treatment to be concealed from the patients


Q. 20

Examining the patient without consent amounts to:

Delhi 11

 A

Assault

 B

Unethical act

 C

Indecent act

 D

Negligence

Q. 20

Examining the patient without consent amounts to:

Delhi 11

 A

Assault

 B

Unethical act

 C

Indecent act

 D

Negligence

Ans. A

Explanation:

Ans. Assault


Q. 21

Consent for examination in a psychiatric patient is given by: 

COMEDK 13

 A

Patient

 B

Doctor

 

 C

Guardian

 D

Not required

Q. 21

Consent for examination in a psychiatric patient is given by: 

COMEDK 13

 A

Patient

 B

Doctor

 

 C

Guardian

 D

Not required

Ans. C

Explanation:

Ans. Guardian

Quiz In Between


Q. 22

A doctor while examining the patient without consent in an emergency is protected under:

MAHE 06; Maharashtra 10

 A

Sec. 87 IPC

 B

Sec. 89 IPC

 C

Sec. 90 IPC

 D

Sec. 92 IPC

Q. 22

A doctor while examining the patient without consent in an emergency is protected under:

MAHE 06; Maharashtra 10

 A

Sec. 87 IPC

 B

Sec. 89 IPC

 C

Sec. 90 IPC

 D

Sec. 92 IPC

Ans. D

Explanation:

Ans. Sec. 92 IPC


Q. 23

A doctor has to do an urgent operation on an unconscious patient to save his life. But there are no relatives to take consent. He goes ahead without obtaining consent from anyone; he is using the principle of:

CMC (Vellore) 09

 A

Therapeutic privilege

 B

Doctrine of implied consent

 C

Therapeutic waiver

 D

Doctrine of informed consent

Q. 23

A doctor has to do an urgent operation on an unconscious patient to save his life. But there are no relatives to take consent. He goes ahead without obtaining consent from anyone; he is using the principle of:

CMC (Vellore) 09

 A

Therapeutic privilege

 B

Doctrine of implied consent

 C

Therapeutic waiver

 D

Doctrine of informed consent

Ans. B

Explanation:

Ans. Doctrine of implied consent


Q. 24

Consent is required for:   

UP 11

 A

Mass immunization

 B

Medico-legal autopsy

 C

Pathological autopsy

 D

Treatment of unconscious patient

Q. 24

Consent is required for:   

UP 11

 A

Mass immunization

 B

Medico-legal autopsy

 C

Pathological autopsy

 D

Treatment of unconscious patient

Ans. C

Explanation:

Ans. Pathological autopsy

Quiz In Between


Q. 25

Blanket consent is consent taken: 

NEET 14

 A

When the patient comes to doctor for treatment

 B

Orally when given during any procedure

 C

Implied by gesture

 D

At the time of admission to do any surgery

Q. 25

Blanket consent is consent taken: 

NEET 14

 A

When the patient comes to doctor for treatment

 B

Orally when given during any procedure

 C

Implied by gesture

 D

At the time of admission to do any surgery

Ans. D

Explanation:

Ans. At the time of admission to do any surgery


Q. 26

It is considered rape even after consent if:            

PGI 10

 A

Age < 16 years

 B

Age < 18 years

 C

Age < 21 years

 D

Age < 25 years

Q. 26

It is considered rape even after consent if:            

PGI 10

 A

Age < 16 years

 B

Age < 18 years

 C

Age < 21 years

 D

Age < 25 years

Ans. B

Explanation:

Ans. Age < 18 years


Q. 27

What is not true about valid consent‑

 A

Obtained in presence of two witnesses

 B

Use technical jargon

 C

Should not be obtained with force, fear or fraud

 D

True information to be given freely

Q. 27

What is not true about valid consent‑

 A

Obtained in presence of two witnesses

 B

Use technical jargon

 C

Should not be obtained with force, fear or fraud

 D

True information to be given freely

Ans. B

Explanation:

Ans. is ‘b’ i.e., Use technical jargon

Legally valid consent for medical examination and treatment is one :‑

  • Given by person himself, if above 12 years, conscious and mentally sound (sane).
  • Or given by parent, guardian, or friend, if patient is less than 12 years or is unconscious or is insane.
  • Is written informed consent, i.e. is given in writing after knowing the nature of condition of procedure, its alternatives and its complications. All disclosures/ true information should be given freely in a language that the patient best understand. Non-medical persons usually do not understand the medical technical jargon, so the consent should be taken in simple language, which the patient can understand and not a technical jargon. o Given in presence of two witnesses.
  • Given before the actual doing of procedure.
  • Given freely, voluntarily and directly; without fear, force or fraud.
  • Signed by doctor, patient (or guardian) and witnesses.

Quiz In Between


Q. 28

Legal age of consent is ‑

 A

10 years

 B

12 years

 C

14 years

 D

18 years

Q. 28

Legal age of consent is ‑

 A

10 years

 B

12 years

 C

14 years

 D

18 years

Ans. D

Explanation:

Ans.:D.)18 years.

India’s legal age of consent and marriage is 18 years.


Q. 29

Punishment for criminal abortion for the women who gives consent and the performer are covered under IPC section ‑

 A

312

 B

313

 C

314

 D

315

Q. 29

Punishment for criminal abortion for the women who gives consent and the performer are covered under IPC section ‑

 A

312

 B

313

 C

314

 D

315

Ans. A

Explanation:

Ans. is ‘a’ i.e., 312

Punishment for performing criminal abortion with the consent of women; both for the women and performer is included in IPC Section 312.


Q. 30

Under which section, police can arrest a person and ask medical officer to examine him without victims consent ‑

 A

Sec 330 IPC

 B

Sec 53 IPC

 C

Sec 190 IPC

 D

Sec 304-A IPC

Q. 30

Under which section, police can arrest a person and ask medical officer to examine him without victims consent ‑

 A

Sec 330 IPC

 B

Sec 53 IPC

 C

Sec 190 IPC

 D

Sec 304-A IPC

Ans. B

Explanation:

Ans. is ‘b’ i.e., Sec 53 IPC

  • 53 1PC : An accused can be examined by a medical practitioner at request of police, even without his consent or by force.
  • 304-A IPC: Causing death by negligence(criminal negligence) which also includes medical negligence (Punishable up 2 years or fine or both).
  • 330. 331, 339, 341 IPCs : Torture.
  • 190 IPC : Threat of refraining a person from applying protection to a public servant.

Quiz In Between



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