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Limits to consent in cosmetic interventions: an update.

Alexander C L Holden1, Cameron Stewart2

  • 1The University of Sydney School of Dentistry, Faculty of Medicine and Health, Sydney, New South Wales, Australia.

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|August 7, 2019
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Summary

This article examines legal consent for medical treatments, focusing on how UK case law developments, like R v BM, may impact Australian laws on cosmetic procedures and bodily modifications.

Keywords:
assaultbody modificationconsentmedical exception

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Area of Science:

  • Medical Law
  • Bioethics
  • Criminal Law

Background:

  • The legal framework for consent to medical treatment is complex.
  • The landmark case R v Brown established an exemption for "proper medical treatment" from ordinary consent laws.
  • Recent UK case law, such as R v BM (2018), has further defined the boundaries of consent, particularly concerning non-medical body modifications.

Purpose of the Study:

  • To restate the legal limits of consent to medical treatment.
  • To analyze the implications of UK legal developments (R v Brown, R v BM) for Australian law.
  • To specifically consider the impact on laws governing cosmetic procedures in Australia.

Main Methods:

  • Review of key legal precedents (R v Brown, R v BM).
  • Comparative legal analysis of UK and Australian consent laws.
  • Examination of case law concerning medical and non-medical body modifications.

Main Results:

  • The "proper medical treatment" exemption requires careful consideration in light of evolving case law.
  • The conviction in R v BM suggests a narrowing of the scope for non-medical practitioners performing substantive procedures.
  • Australian law may need to adapt its interpretation of consent in the context of cosmetic procedures.

Conclusions:

  • UK case law developments provide a crucial lens for re-evaluating Australian consent laws for medical and cosmetic procedures.
  • The distinction between medical and non-medical procedures is critical in determining the applicability of consent exceptions.
  • Further legal clarification is needed to address the nuances of consent for body modifications within Australian legal frameworks.