What are the possible consequences of failing to obtain consent?

Failing to obtain consent in a healthcare context can lead to several legal consequences, primarily related to personal rights and bodily autonomy. When a healthcare provider performs a medical procedure without the patient's consent, this can result in claims of trespass to person, battery, and assault.

Trespass to person occurs when someone's personal rights are violated through an unwanted touching or medical intervention. This does not require any intention to harm; simply performing a procedure without consent is sufficient to establish this claim. Battery, which involves the intentional and non-consensual contact with another person, is also relevant here as any procedure performed without consent may be classified as a battery. Lastly, assault — which involves creating a fear or apprehension of imminent harmful contact — can be relevant if the patient was not informed and felt threatened by the procedure.

Other options suggest limited avenues for legal recourse, such as civil liability or medical malpractice claims, but they do not encompass the full scope of direct personal rights violations that can occur due to the lack of consent. Furthermore, immunity from prosecution does not apply to cases of failing to obtain consent; rather, the healthcare provider could face significant legal repercussions. Thus, the consequences for failing to obtain consent are most accurately represented by the occurrence of trespass