Informed consent for a surgical procedure is legally valid when ALL of the following are present EXCEPT:

• A Consent was obtained by the senior-most person in the operating team (consultant), not a junior resident ✓
• B The patient is of legal competency and adequate mental capacity
• C Consent is voluntary, without coercion or undue influence
• D Adequate information was disclosed about benefits, risks, alternatives, and consequences of non-treatment

Explanation

The three essential elements of valid informed consent are: 1) Competence/capacity (the patient can understand and decide); 2) Voluntariness (no coercion); 3) Adequate disclosure (benefits, risks, alternatives, non-treatment consequences). There is no legal requirement that consent must be obtained exclusively by the consultant; in practice, a trained, informed junior doctor may obtain consent provided he or she can answer the patient's questions and has the authority to do so. However, it is best practice for the operating surgeon to obtain consent. Options A, B, and C are genuine requirements; D is not a strict legal requirement.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.