普通法-案例分析筆記(文件)
【正文】 eration“ (she didn’t need to have it)Plaintiff patient developed paraplegia after the spinal operationCasebook:Mrs Siddeway suffered persisitent pain in her right arm and shoulder and a surgeon employed by the defendants remended an operation to her spine to which Mrs sidawat consented. The operation involved a risk,put at least 1%, of damage to the spine and Mrs Sidawat was not informed of the risk ,The operation was properly conducted but unfortunately the risk materialized and the clainmanr became severely sue the defendants on the groud that surgeon had failed to inform her of riskHeld:dismissing the appeal ,that the defendant were not liable.Rule and notable points of law:Unlike US law, in English law consent not vitiated by the failure of the doctor to give the patient sufficient information before the consent is givenOnly if the consent is obtained by fraud or by misrepresentation it could be said that consent is not a true consent, allow battery Patient’s consent must still be real: to be real patient should be told enough about the treatment to understand what will be done to themCasebook: at the same time the doctor is not entitled to make the final decision with regard to treatment which may have disadvantages or dangers , where the patient’s heath and future are stake ,the patient must make the final decision. Thus, the right to make the final decision and the duty of the doctor to inform the patient if the treatment may have the special disadvantages or dangers go hand in hand.False imprisonment非法監(jiān)禁: l infliction of bodily restraint, which is not expressly or impliedly authorized by the lawl Any restraint of liberty, and can occur anywhere (not just a prison)l Restraint must be pleteBird v. Jones, 7 Ad. amp。s arm to stop her walking off when she was questioning her. The woman scratched the police woman a
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