...supra. [5, 6] In the case at hand, the wrong complained of is not merely negligence. It is trespass. Every human being of adult years ? and sound mind...with his own body ; and a surgeon who performs an opération without > his patient's consent commits an assault, for which he Is liable in damages. Pratt...

...arm, some of her fingers had to be amputated, and her sufferings were intense. "The Court says that every human being of adult years and sound mind has...commits an assault, for which he is liable in damages. This is true, except in cases of emergency when the patient is unconscious, and when it is necessary...

...plaintiff was respon- Wentworth, 155 Mass. 338. sible for the negligence of the A surgeon performing an operation without his patient's consent, commits an "assault," for which he is liable in damages, except in cases of emergency where the patient is unconscious and it is necessary to operate before...

...as, in B's professional judgment, was necessary to effect a cure, or to this particular operation. "Every human being of adult years and sound mind has...to determine what shall be done with his own body." The interference with A's person, not consented to by him, is actionable, even though done with skill,...

...supra. [Б, в] In the case at hand, the wrong complained of is not merely negligence. ' It is trespass. Every human being of adult years and sound mind has...and a surgeon who performs an operation without his patient.'s consent commits an assault, for which he Is liable in damages. Pratt v. Davis, 224 111....

...witness, but ought not be asked to be the decision maker. It is a firm premise of our society that "every human being of adult years and sound mind has...to determine what shall be done with his own body." * The procedure of informed consent is a major protection of that right of the individual. Situations...

...financial support? This stand would be in accord with the established legal principle that every adult of sound mind has a right to determine what shall be done with his or her own body.22 An Illinois circuit court recently denied a husband's motion to prevent his wife...

...analysis the courts have constructed their own rules, as we shall now examine. 2-8 As a general rule, "a surgeon who performs an operation without his patient's consent commits an assault and battery for which he is 31 liable in damages." The law of battery is designed to protect the individual's...

...is fairly well established. In Schloendorff v. Society of New York Hospital Judge Cardozo stated1: Every human being of adult years and sound mind has...commits an assault for which he is liable in damages. . . . This is true, except in cases of emergency where the patient is unconscious, and where it is...

...Cardozo articulated forcefully the patient's right to self-determination as the basis for surgery: . . .Every human being of adult years and sound mind has...an assault, for which he is liable in damages.... This is true except in cases of emergency where the patient is unconscious and where it is necesi/...