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Lack of Informed Consent vs. Battery

By David M. Axelrad
March 28, 2008

Last month, we discussed the fact that a recent decision by the California Court of Appeal explores the relationship between the doctrine of informed consent and the intentional tort of battery. The case, Saxena v Goffney, '- Cal.Rptr.3d ”, 2008 WL 192317 (Cal.App. 4 Dist.,2008), which was decided Jan. 24, concerned the family of a deceased patient who died after leg wound treatments, who filed suit and ultimately proceeded to trial against Dr. Willie Goffney on theories of negligence, lack of informed consent, and battery. The case illustrates the importance to both plaintiff and defense teams of keeping the two theories straight, not only in argument but in formulating the jury instructions. Failure to do so could result in reversal on appeal. Herein is the conclusion of this discussion.

The Case on Appeal

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