Taj Hassan thinks that no judge would find for a plaintiff if you thought him incompetent. In fact there has been such a
case (Sorry, no idea of the reference) where a pregnant woman was forced to have a Caesarian Section as it was felt that
she was not competent to decide, and in the view of her medical attendants she was endangering both her life and that of
the unborn child by refusing section. She had the operation and sued successfully for ?assault, if I remember correctly.
This is the case that triggered much of the debate - and, incidentally, pointed out that the treatment under Section had to
be towards the mental illness. This suggests to me that a case for assault for successful treatment of paracetamol
overdosage is indeed possible.
I think that it is extremely dangerous to assume that judges will take pity on doctors. I well remember a case where a man
arrested during surgery, and was successfully resuscitated by the anaesthetist.Unfortunately, the drip had tissued in his
hand which was hidden under the drapes. The adrenaline went intradermally, and the patient sustained a chemical burn
which had to be grafted. He sued. And won.
Best wishes,
Rowley Cottingham
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