Inforrned Consent to Surgery

Abstract
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.

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