this post was submitted on 28 Aug 2024
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I'm no lawyer but I think drilling into someone's head without permission might still count as assault.
But the surgery wasn't assault.
Do you think the patient gave informed consent, where the information included the fact that the surgical team would include untrained people?
No, but there was still no damages. I don't know about Austria, but in the US it has to be shown that damages were suffered.
Without informed consent a surgery is assault though
Emergency surgery or transport to a hospital from a patient such as this falls under implied consent. The patient got in a near fatal accident. He didn't schedule a knee surgery or something.
Its a good thing you're not a lawyer.
Brb, gonna drill into this dudes skull