What is the medical context for battery claims in medical malpractice cases where consent was not obtained?
Ontario, Canada
The following excerpt is from Tomeh v. Cheah, 2013 ONSC 6074 (CanLII):
In the medical context, a claim for battery exists where the patient did not consent to the surgery at all, or where consent was for a different procedure than was performed, or where consent was obtained fraud or misrepresentation: Reibl v. Hughes, at pp. 890-92.
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