18. Consent issues.

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