A medical practitioner1 who examines (by laying on of hands) a person against his will and/or without statutory authority to do so, and a surgeon who performs an operation or part of an operation without his patient's express or implied consent, are each liable in trespass2. However, as an exception to this rule, in the case of an otherwise competent patient rendered unable to consent (for example, because he is unconscious), a medical practitioner has a duty to preserve the life or health of his patient including operating where necessary3. A patient's consent is real, and, consequently a defence
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234