What is the consequence of performing surgery without the patient's informed consent?

Performing surgery without obtaining the patient's informed consent leads to the legal concept of battery. Battery in a medical context refers specifically to the unauthorized touching of a person, which includes performing a surgical procedure without the patient's consent. Consent is fundamental in medical practice, as it ensures that the patient has agreed to the proposed treatment after being fully informed about the risks and benefits.

Even if the procedure goes as planned and has a positive outcome, the absence of consent can expose the healthcare provider to legal liability. Informed consent is not just a formality; it protects the patient’s autonomy and right to make decisions about their own body and medical treatment. Therefore, when a surgeon performs an operation without this consent, the act can be considered a battery because it infringes upon the personal rights of the patient.

While concepts like negligence and assault may be considered in various contexts, neither captures the specific legal implications of proceeding with surgery without consent in the same way that battery does. Negligence involves a breach of a duty of care that leads to harm, and assault refers to the threat or apprehension of harmful contact rather than the actual contact itself. Informed consent violation is a term that describes the failure to obtain consent but does not encapsulate the direct legal consequences faced