ABSTRACT
Theoretically, a doctor who operates on a patient without their consent could be liable for battery or for the more serious offences covered by ss 18 and 20 of the Offences Against The Person Act 1861. Liability would only arise where the doctor: failed to get any consent at all; operated on the wrong part of the body; or exceeded the scope of the consent without the justification of necessity. The same principles regarding the validity of a real consentdiscussed in Chapter 2-relating to the tort of battery will apply to the criminal offence.
