(1) Physician saw a patient with a stomach disorder, which the doctor diagnosed as a tumor. Physician wanted patient to have exam to tell what kind of tumor it was. They also wanted her to have surgery. She didn’t want to have surgery, but only wanted to have the exam. While asleep, they operated on her and removed the tumor. She developed gangrene and had her leg amputated. She sued the hospital.
(2) HELD: Everyone has a right to determine whether they will have surgery or nor unless the patient is already unconscious and surgery is necessary before consent can be given. Court also characterized this as a trespass or assault on the body.
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