California, United States of America
The following excerpt is from Traxler v. Varady, 12 Cal.App.4th 1321, 16 Cal.Rptr.2d 297 (Cal. App. 1993):
In Cobbs v. Grant, supra, 8 Cal.3d 229, 104 Cal.Rptr. 505, 502 P.2d 1, the court explained that: "The battery theory should be reserved for those circumstances when a doctor performs an operation to which the patient has not consented. When the patient gives permission to perform one type of treatment and the doctor performs another, the requisite element of deliberate intent to deviate from the consent given is present." (Id. at p. 240, 104 Cal.Rptr. 505, 502 P.2d 1.) 7
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