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Leading case on informed consent.

FactsEdit

Chatterton had a post-operative scar which resulted in chronic pain. She decided to have an operation blocking her sensory nerve. Her doctor did not inform her of the risk that the operation could result in losing sensation in her limbs, which happened to one of her legs. 

C sued Dr. G under the tort of battery on the basis that her consent was not obtained due to the lack of disclosure.

JudgmentEdit

Bristow J held that C's consent was valid because she had consented to the broad nature of the procedure. A case in which physicians may be sued for battery is when the procedure consented to was completely different from the procedure carried out the claimant, the example given by the court was a case when a child in Salford checked into the hospital for a tonsillectomy but was given a circumcision instead.

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