Chicago medical malpractice lawyers - Article

Defenses to Intentional Torts: Consent

Consent is a defense to charges of an intentional tort. It is also an excuse or justification against civil liability. Defendants who use this defense are arguing that they should not be held liable for a tort because the actions in question were taken with the plaintiff or "victim's" consent and permission. Once consent is alleged, the plaintiff is forced to explain how they did not consent.

As an example, if a plaintiff signs a document stating that he or she is aware of the hazards of ice skating and then the individual is injured while ice skating, the express consent given in advance may excuse the person who skated into the plaintiff. The idea that a person cannot be held liable for a consenting person's injuries does not stop with sports. It applies to spectators or any others who willingly engage in activities where there is a risk of injury.

In addition to the world of intentional torts, consent can be important in medical law as well. For example, a surgeon can be liable of battery if he or she does not obtain consent for a procedure. An exemption to this is when a patient is unable to give consent.

Prior to a procedure's performance, the surgeon must explain all of the significant risks before the patient can give binding consent. If a surgeon does not explain a material risk that subsequently occurs, then he or she is considered negligent. The material risks include the loss of a chance of a better result with a more experienced surgeon.

Contact a Chicago Personal Injury Lawyer

If you have been injured during a medical procedure and did not have all of the risks explained to you, contact the Chicago medical malpractice lawyers of Friedman & Bonebrake at 312-466-8200.