Answering the concern of whether live telecast of surgeries is legally permissible, Dr MC Gupta advises on what must be followed while considering it.

QUESTION: Is live telecast of surgeries legally permissible for the following purposes:

1. For educational purposes during medical conferences;

2. For a consultation with opinion from experts from other countries?

Dr MC Gupta answers:

1. There is no problem regarding live telecast of a surgical procedure for educational purposes during medical conferences as long as there is prior written consent of the patient (preferably with video-recording) and the audience consists of persons qualified in modern medicine.

2. There is a problem regarding the live telecast of a surgical procedure for the purpose of consultation with opinion from experts from other countries. As a matter of fact, it would be questionable even if experts are within India. Any consultation/expert opinion regarding a patient’s illness has to be obtained not when he is being operated on but before operating upon him. If the surgeon is not sure and needs consultation/expert opinion from others, this has to be done before the patient is put on the operation table. Otherwise, it would amount to negligence/unwarranted surgery.

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The writer, Dr MC Gupta is a practising lawyer specialising in medical negligence cases. He also has an MD in Medicine from AIIMS, Delhi where he also worked as a faculty member for 18 years, later working another 10 years as a Professor and Dean at National Institute of Health and Family Welfare, New Delhi, before pursuing law.