Medicine
See also: Informed consentThe question of consent is important in medical law. For example, a surgeon may be liable in trespass (battery) if they do not obtain consent for a procedure. There are exemptions, such as when the patient is unable to give consent.
Also, a surgeon must explain the significant risks of a procedure (those that might change the patient's mind about whether or not to have it) before the patient can give binding consent. This was explored in Australia in Rogers v. Whitaker (1992) 175 CLR 479. If a surgeon does not explain a material risk that subsequently eventuates, then that is considered negligent. These material risks include the loss of chance of a better result if a more experienced surgeon had performed the procedure.
Read more about this topic: Consent
Famous quotes containing the word medicine:
“We have to ask ourselves whether medicine is to remain a humanitarian and respected profession or a new but depersonalized science in the service of prolonging life rather than diminishing human suffering.”
—Elisabeth Kübler-Ross (b. 1926)
“In view of the fact that the number of people living too long has risen catastrophically and still continues to rise.... Question: Must we live as long as modern medicine enables us to?... We control our entry into life, it is time we began to control our exit.”
—Max Frisch (1911–1991)
“For this invention of yours will produce forgetfulness in the minds of those who learn it, by causing them to neglect their memory, inasmuch as, from their confidence in writing, they will recollect by the external aid of foreign symbols, and not by the internal use of their own faculties. Your discovery, therefore, is a medicine not for memory, but for recollection,—for recalling to, not for keeping in mind.”
—Plato (c. 427–347 B.C.)