A doctor tells a woman that he will perform a 'minor procedure to relieve her pain' and obtains her signature. He actually performs tubal sterilisation. She later sues. Which statement correctly describes the legal position of her consent?

• A Consent is valid because she signed the form voluntarily
• B The doctor is protected by the Bolam test since sterilisation is a recognised procedure
• C Consent is invalid only if she suffered physical harm
• D Consent is invalid because it was obtained by misrepresentation, amounting to consent under a misconception of fact, and the act constitutes battery ✓

Explanation

Consent given under a misconception of fact created by the practitioner's deliberate misrepresentation is not free consent and is legally void. Performing a fundamentally different operation than described constitutes trespass to the person, i.e., battery, regardless of surgical skill. The Bolam test governs the standard of care once valid consent exists; it cannot cure absence of genuine consent.

Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.

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Written and medically reviewed by the StethoPrep medical team.