What kind of liability can arise from a physician's failure to secure consent?

A physician's failure to secure informed consent can lead to both negligence and battery claims.

In the context of negligence, a physician has a duty to inform the patient about the risks, benefits, and alternatives related to a procedure or treatment. If the physician fails to adequately inform the patient, and the patient suffers harm as a result, this can establish a claim for negligence. The failure to provide the necessary information deprives the patient of the ability to make an informed decision, which is a key aspect of the standard of care expected in the medical profession.

On the other hand, the issue of battery can arise because batteries involve unauthorized physical contact. If a patient did not provide consent for a specific procedure and it was performed regardless, this could constitute battery. Consent is a crucial element of any medical intervention; performing a procedure without the patient's consent can lead to civil liability because it is considered as a violation of the patient's bodily autonomy.

Therefore, both negligence and battery claims can arise from the same act of failing to secure proper consent, depending on the circumstances of the situation and the nature of the harm caused. This dual potential for liability underscores the importance of informed consent in the medical field.