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LAW AND MEDICINE 1 The general principle is valid consent must be obtained before medical treatment can commence. In Allen v New Mount Sinai Hospital [1980], J linden stated 'consent is not a mere formality; it is an important individual right to have control over one's body, even where medical treatment is involved.'1 In Schloendorff v society of New York Hospital [1914]2, Cardozo J made a statement "Every human being of adult years and sound mind has a right to determine what shall be done and a surgeon, who performs an operation without his patient's consent, commits an assault." There must be some lawful justification for a medical procedure, which would otherwise constitute the tort of battery. Battery is a form of trespass, and as such, it is actionable par se. A battery consists of the infliction of unlawful force on another person. It is sometimes stated that where the patient is...

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