Unconscious null-para arrives in emergency room with the uterine rupture in progress. A cesarean section is performed followed by hysterectomy. Understandably, the surgery causes a permanent impairment. Result? No battery. Why? The hospital and physicians can prove an affirmative defense of consent. In a prima facie case, for a patient incapable of giving or withholding consent, the consent is implied by law. So too, there was no intent to harm the...
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