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10 Cards in this Set

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  • Back
c/a for "lack of BASIC consent"?

c/a for "lack of INFORMED consent"?
No "basic" --> BATTERY

No "informed" --> Negligence
Theory behind Consent requirement?
One's inherent "right to determine what shall be done with his own body"
(J. Cardozo)
Medical treatment is recommended
+ treament would be in patient's best interest
--> Does patient have a RIGHT to refuse the treatment?
(absent a conflicting state interest)
If one has a claim for Med Mal, can he instead sue for Battery (if there's a lack of consent)?
If consent is obtained by "some artifice" directly related to the Dr's professional relationship to the patient, is there "basic consent"?
Nope. "Consent" by Artifice = No Basic Consent
1) Patient signs medical consent form prior to hysterectomy to remove 1 or more ovaries,
2) Dr. performs follow-up operation to correct problems with hysterectomy.
... Consent form # 1 valid for Surgery # 2?
Can "exceptional circumstances" justify removal of an ovary?
Yes. But ? of fact for jury; precludes summary judgment for defendant Dr.
Against whom are the terms of a consent form construed?
The terms of a consent form construed AGAINST THE DR.
1) Patient gives "general consent" for excision biopsy. [limited consent]
2) Patient gave NO consent for Dr. to go further with any additional surgical treatment.
... BATTERY action if Dr. goes further than the limited consent?
A patient's consent to a general course of treatment does NOT preclude Battery action.
1) Plaintiff gives consent for PHYSICIAN to perform a procedure.
2) Other medical personnel participate.
... BATTERY action against medical personnel unnamed in the Consent?
Consent flows to all medical personnel, whether or not named, involved in the performance of the surgery under the Dr.'s DIRECT SUPERVISION AND CONTROL.