Every adult individual has the right to determine what to do with their own body, this includes the right to consent to, or refuse medical treatment and/or surgery. If surgery is performed without consent, such conduct may amount to an assault for which criminal charges may be made.
There are some circumstances where the person requiring treatment is unable to refuse or consent to surgery. Examples include:
- An individual who is unconscious following an accident; and
- An adult who does not have the mental capacity to make the decision whether or not to consent to surgery (eg an individual suffering from dementia or a sufferer of mental illness).
In such instances, consent will be required from a legal guardian or next of kin.
Mental Health Law and Medical Law are areas of the law which can be sensitive and complex to understand. Further in relation to Consent to Surgery, determining whether an act was ethically and/or legally acceptable can be quite technically challenging.
To determine the next steps in your situation it is important that you speak with a Medical Lawyer. Our Sydney Medical Lawyers can meet with you to discuss your potential matter, advise as to the options available to you and the prospects of success and assist in the resolution of your matter.
As mentioned various other areas of law may be associated with your circumstances, therefore, it is important to know that our Medical Lawyers can work closely with, and draw upon the knowledge of our other teams of lawyers including our Criminal Lawyers and/or Negligence Lawyers.
If you believe you or someone you care for has a potential matter or concerns regarding Consent to Surgery and would like to meet with one of our Medical Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney
