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  • A cancer patient, Omerta Sen, undergoing treatment in a hospital, reached the terminal stage. It was clear to everyone including the personal physician of the patient, Dr. Joseph Piglitz, that the

A cancer patient, Omerta Sen, undergoing treatment in a hospital, reached the terminal stage. It was clear to everyone including the personal physician of the patient, Dr. Joseph Piglitz, that the patient did not have much time. At that stage, the specialist doctor in charge of the treatment, Dr. Jagdish Lokneeti, administered a drug which was at the stage of experimentation without the consent of the patient. The experiment had established that the drug could control the spread of cancer cells to some extent. Omerta Sen died soon after. When the relatives of Mr. Sen came to know about this incident, they filed a suit against the hospital, the United South Asian (USA) Hospital, and the Jagdish Lokneeti charging them for assault and battery, i.e. unjustified physical interference.

Option: 1

Lokneeti is liable, since he has acted without the consent of the patient.


Option: 2

Lokneeti is not liable, since he was motivated by the welfare of the patient.


Option: 3

Lokneeti is not liable, since it was in the general public interest that the new drugs should be developed.


Option: 4

Lokneeti is liable since he should have notified the patient’s relatives instead who would have been able to make a more informed decision.


Answers (1)

best_answer

The case of public welfare is questionable since the drug was experimental and there is no proof of its efficacy. Allowing public welfare as an excuse in such serious cases would put matters in grave jeopardy. There’s nothing to indicate the patient’s disability to consent, and option ‘d’ seems practical, but is unnecessary, since the patient’s consent sits above his relatives

Posted by

rishi.raj

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