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Words: | Submitted: Mon Jun 19 2006
... un-consented physical contact not seen as an everyday occurrence. A doctor will commit battery and possibly the crime of assault if a patient consents to a different procedure they receive. The defendant is then liable to all damages which flow from this invasion even if a specific injury has not been established.1 In negligence, the cause of the injury must be established, and with reference to autonomy is due to the lack of information the patient received, committing them to a procedure they would not otherwise have followed. Here the patient must prove harm and can only recover damages which should have been reasonably foreseen.2 A health care worker (HCW) therefore, cannot proceed with a treatment without expressed or implied consent. Should a patient be unable to express their wishes for treatment, non voluntary treatment can take place; such as in an unconscious or incapacitated person.3 Non voluntary treatment of a minor ...
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