Type of consent may divide medical battery from negligence

by • May 1, 2008 • UncategorizedComments Off on Type of consent may divide medical battery from negligence1689

• The Gist: Do not overlook consent forms and other preliminary paperwork in case facts.


By Dan Clifford, publisher

A recent court ruling in California helps clear up the difference between negligence and medical battery when consent is at issue. An appeals court concluded that “no consent” will equate with battery, while lack of “informed consent” will sound in negligence.

In Saxena v. Goffney, 159 Cal. App. 4th 316 (2008), the survivors of Rajesh Saxen sued Dr. Willie Goffney for his insistence on a debridement and Apligraf procedure on an open wound in spite of Saxen’s failing health and plaintiffs’ begging of Goffney not to perform the procedure. A day after the debridement, Saxen died.The plaintiffs brought an action for wrongful death, negligence…

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