Intentional Tort Defenses

Question 1

General Consent

Answer 1

a. Consent can be expressed through motions, symbols, etc.

Question 2

Actual Consent

Answer 2

i. Actual consent is consent that is expressed by words, conduct, or a universally accepted symbol of “yes”.

Question 3

Implied Consent

Answer 3

i. Any words or actions that would lead a reasonable person to believe that D’s conduct is authorized.

Question 4

Informed Consent

Answer 4

i. Patient must be informed of all the risks and consent to all aspects of the surgery unless it is life threatening.
ii. Doctor brings the defense.

Question 5

State Authorized Consent

Answer 5

The state can authorize consent on an individual’s behalf if it has a reason to believe the person would consent if he/she were able to do so. State cannot authorize consent to authorize a surgical procedure on a living person whose life is not at risk – must get consent from the person. Pescinski

Question 6

Defense to Consent: Nullified Consent

Answer 6

i. One’s consent may be nullified if he or she did not know the full risk, was forced to consent, or did not know what he or she was consenting to.