A surgeon performs an elective cholecystectomy. During the operation, he decides to simultaneously perform an oophorectomy on finding a small ovarian cyst, without prior consent for this procedure. The patient has no post-operative complications but later sues. The surgeon is liable for which type of wrong?
- A Medical negligence causing harm
- B Battery — unconsented intentional touching ✓
- C Breach of duty of care under the standard of care test
- D No liability as the surgeon acted in the patient's best interest
Explanation
Performing a surgical procedure (intentional physical contact) without the patient's consent constitutes battery in legal terms, regardless of whether harm resulted. The essence of battery is unconsented touching. The surgeon exceeded the scope of the consented procedure (cholecystectomy only). The absence of complications is irrelevant to liability for battery; harm is not required. Medical negligence (A) requires a duty, breach, causation, and damages (harm). Acting in the patient's 'best interest' (D) does not excuse operating beyond the scope of consent except in a true emergency when the patient cannot consent and delay would be life-threatening. The intraoperative discovery of a non-emergency condition does not automatically authorize additional surgery.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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Written and medically reviewed by the StethoPrep medical team.