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In Kansas, if a surgeon performs an operation without your consent, can they be sued civilly for battery?

2007-02-19 15:33:20 · 3 answers · asked by Jase D 1 in Politics & Government Law & Ethics

3 answers

A surgeon is required in any state to do what is best for the patient. If it was deemed necessary to save your life your opinion doesn't count. If you choose not to have surgery and you are looking at a debilitating or death as the out come most Doctors will choose not to assist in your death. Thank God and say Thank you to the surgeon.

2007-02-19 15:53:38 · answer #1 · answered by Anonymous · 0 0

First of all, battery is not necessarily criminal. It is however a common law tort, creating civil liability.
To answer your question, yes. Generally speaking, invasive surgery without consent is enough to satisfy the requirements for battery.
HOWEVER, there are exceptions, others may be able to consent for you, and in cases where the emergency really warranted it (and you were unable to give consent, unconscious or whatnot), the Courts will not grant much damages. You may get $1 for your troubles.
If, however, a doctor informed you that you need surgery. You refused, and he drugged you up and performed it anyway, there's a case for battery and damages will vary depending on how the jury feels about it. (And how good your lawyer is)

2007-02-19 16:06:11 · answer #2 · answered by Anonymous · 0 0

Battery is probably a criminal charge.

Malpractice might be a better hypothetical lawsuit.

2007-02-19 15:39:08 · answer #3 · answered by Citicop 7 · 0 1

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