(USA) The libertarian principle of self-determination allows that ‘Every human being of adult years and sound mind has a right to determine what shall be done with his own body, and a surgeon who performs an operation without the patient’s consent commits an assault.’
Cardozo J
(1914) 105 NE 92, (1914) 211 NY 125, (1914) 52 LRANS 505
United States
Cited by:
Cited – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
Lists of cited by and citing cases may be incomplete.
International, Torts – Other, Health Professions
Updated: 28 December 2021; Ref: scu.250060
