Surgery by an Unauthorized Surgeon as a Battery

(1997) 11 Journal of Law and Health 287-296

Posted: 14 Oct 2020

See all articles by Thomas Lundmark

Thomas Lundmark

University of Hull - School of Law; University of Münster

Multiple version iconThere are 2 versions of this paper

Date Written: August 20, 1996

Abstract

This article examines the policy issues behind the doctrine of informed consent and reviews the decisional law and policies on the topic of ghost surgery. Jury instructions employed in California are also addressed. The author concludes that substitution of surgeons should not automatically prompt liability for a battery. The public policy behind the informed consent doctrine is to favor patients' self-determination over the doctor's paternalism. Imposition of liability for battery in a case where the defendant does not knowingly deviate from the consent is not necessary to effectuate this purpose.

Keywords: Law, Jurisprudence, Informed Consent, Health Law, General Surgery

Suggested Citation

Lundmark, Thomas, Surgery by an Unauthorized Surgeon as a Battery (August 20, 1996). (1997) 11 Journal of Law and Health 287-296, Available at SSRN: https://ssrn.com/abstract=3677788

Thomas Lundmark (Contact Author)

University of Hull - School of Law ( email )

University of Hull
Hull, HU6 7RX
United Kingdom

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