Question:

Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at emergency/casualty ward) the doctors opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first—

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In emergencies, life-saving treatment takes priority over all other considerations — including consent and disclosure — unless the law mandates otherwise.
Updated On: Aug 11, 2025
  • Doctors should operate first
  • Doctors should inform his family members
  • Doctors should inform his employers
  • Doctors should not inform anyone because it would violate patient's right of privacy
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The Correct Option is A

Solution and Explanation

Step 1: Medical ethics and emergency care
Under medical ethics and emergency protocols, saving the life of the patient is the foremost duty of doctors. In life-threatening situations, treatment must be given without delay.
Step 2: Legal perspective
Section 92 of the IPC allows acts done in good faith for the benefit of a person without consent if the person is incapable of giving consent due to unconsciousness and there is no time to get consent.
Step 3: Applying the facts
- Mr. Samay is unconscious and in need of urgent surgery.
- Disclosure of his HIV status can be addressed later; immediate operation is necessary to save his life.
- Delaying surgery for informing family or employer could endanger his life.
\[ \boxed{\text{Doctors must operate immediately to save the patient’s life.}} \]
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