Introduction
No-one has the right to touch anyone else without lawful excuse
Consent is a fundamental principle of medical law. The basic rule is simple: No-one has the right to touch anyone else without lawful excuse and if doctors do so it may well undermine patients’ trust. Such behaviour may lead to a clinical negligence claim, a complaint to the GMC or even civil or criminal proceedings for assault.
There are three components to valid consent:
- Capacity
- Information
- Voluntariness.