A a surgeon, in good faith, communicates to a patient his opinion that he cannot survive. The patient dies as a consequence of the shock. State with reasons what offence if any has been committed.

Question: ‘A’ a surgeon, in good faith, communicates to a patient his opinion that he cannot survive. The patient dies as a consequence of the shock. State with reasons what offence if any has been committed.

Find the answer to the mains question only on Legal Bites. [‘A’ a surgeon, in good faith, communicates to a patient his opinion that he cannot survive. The patient dies as a consequence of the shock. State with reasons what offence if any has been committed.]

Answer

Section 93 gives protection provision for communication made in good faith.— No communication made in good faith is an offence by reason of any harm to the person to whom it is made if it is made for the benefit of that person.

The present facts of the case are borrowed from the Illustration to section 93. In the case, A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies as a consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

Section 93, read with its illustration intends to protect persons, particularly medical practitioners, for communication, made to the patient in good faith and for his benefit, causing harm44 to its recipient. The essential ingredients of this provision are: first, the communication must be made in good faith, and secondly, it must be made for the benefit45 of the person to whom it is made.

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