For a valid informed consent to a medical procedure, which of the following elements is NOT legally required under Indian law?
- A The consent must be witnessed by two independent persons for all elective surgical procedures ✓
- B The patient must be informed of the nature of the procedure
- C Material risks that a reasonable patient would consider significant must be disclosed
- D The patient must have decision-making capacity
Explanation
Valid informed consent requires: (1) the patient has capacity; (2) consent is voluntary and free from coercion; (3) sufficient information is provided (nature, purpose, risks, alternatives). There is no universal legal requirement in Indian law for two independent witnesses for elective surgical consent, though many hospitals use this as a procedural safeguard. The requirement for witnessing is more stringent in some specific regulatory contexts (e.g., clinical trials under Schedule Y/ICMR Guidelines) but is not a blanket legal requirement for routine surgical consent.
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.