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Assault and battery, or legitimate treatment?
1Dept. of Philosophy, University of Durham, 50 Old Elvet, Durham DH1 3HN, Great Britain.
Gesnerus
|February 24, 2001
Summary
The 1890s debate among German jurists centered on consent for medical operations. German jurisdiction adopted the battery theory, paving the way for informed consent in medicine.
Area of Science:
- Medical Law
- Legal History
- Bioethics
Background:
- In the 1890s, German-speaking jurists debated the legal basis of medical interventions, particularly surgery.
- This discussion arose in response to concerns about perceived high-handed medical practices and treatments.
Observation:
- A key point of contention was whether surgery constituted battery, justifiable only by patient consent.
- Medical professionals largely rejected the battery theory, while legal experts debated various justifications for treatment without explicit consent.
Findings:
- German jurisdiction ultimately upheld the battery theory for medical interventions.
- This legal stance established a foundation for the subsequent development of informed consent principles in medicine.
Implications:
- The historical legal debate significantly influenced the evolution of patient rights and medical ethics.
- Understanding this legal history is crucial for contemporary bioethical discussions on consent and medical autonomy.