The tort of battery is committed by the actual and intentional infliction of unlawful force on another without the consent of the latter or without any lawful justification. To be liable for battery, 'hostile touching' must be present. The general rule is that a competent patient has the right to refuse treatment, and medical treatment without consent, or in disregard of a valid advance refusal, amounts to a battery. Consent may be expressed in words or implied by conduct. The doctrine of informed consent deems consent as valid provided all risks involved in the medical procedure have been thoroughly explained. Every adult has the right to refuse medical treatment even if it will result in permanent injury or even death. Treatment refusals are only valid if the patient, when making the decision...
Read more on Battery Infliction and Consent here...
No comments:
Post a Comment