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Forensic Medicine · Medical law and ethics: spousal consent for sterilisation
Sample itemA competent 30-year-old woman is scheduled for tubal ligation. Her husband signs the consent form, and she is not asked. Whose consent is legally valid?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
C. Her own, since a competent adult consents for herself
A competent adult must give her own consent to an operation. Spousal consent is neither required nor a substitute, and treating her without her consent could amount to assault or negligence.
Option by option
A. Her father's
A parent has no authority over a competent adult.
B. Either spouse's
Either spouse's signature is not a valid substitute.
C. Her own, since a competent adult consents for herself (correct)
Correct. Only the competent patient can consent to her own operation.
D. Her husband's, since she is married
Marriage does not give a husband authority to consent for his wife.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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