ABSTRACT
Guidelines, protocols, policies and codes of practice are set down under legal directives, by professional bodies, regulatory bodies and at local level by the employer. In the normal course of events the health professional goes about their daily routine making decisions and weighing up risks. Where there is failure to obtain valid consent the health professional will be accountable and may become involved in the court process at, for example, an inquest, civil proceedings, criminal proceedings or an employment tribunal. A statute is law set out in an Act of Parliament, declaring, commanding, or prohibiting something. The law in England and Wales is made up of statute and common law. The leading case of Donoghue v Stevenson changed the law relating to negligence and is commonly referred to as the case of 'the snail in the ginger beer'. A health professional may commit a common law criminal offence of assault and battery if they treat a patient without valid consent.
