This article considers how far the question of how much a patient ought to be told before agreeing to surgery is in law a matter entirely for the unfettered clinical judgment of his doctors. Only potential civil liability is discussed. It is axiomatic that surgery carried out without consent and where no other justification is present is unlawful. A battery is committed by the surgeon and damages will be payable without proof of injury.
Get full access to this article
View all access options for this article.
References
1.
KlossD. M. (1965) Consent to medical treatmentMed. Sci. Law5, 89.
2.
McLoidA. H. (1957) A reappraisal of liability of unauthorized medical treatmentMinnesota Law Rev. 41, 381.
3.
PlanteM. L. (1968) An analysis of ‘informed consent’Fordham Law Rev. 36, 639.
4.
SkeggP. D. G. (1974) A justification for medical procedures performed without consentL.Q.R.90, 512.
5.
StreetH. (1976) The Law of Torts. 6th ed.London, Butterworth, p. 19.