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July 28, 1923


JAMA. 1923;81(4):314-315. doi:10.1001/jama.1923.02650040054027

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No Operation Can Be Performed Without Obtaining Consent  Recent legal proceedings involving the question of consent for operation have attracted considerable attention in Roumanian medical and lay papers. One medical writer, in a careful review of the subject, states that the physician finds that he must in all cases either keep within the strict scope of the authority expressly given to him, or must so safeguard himself that he can prove by testimony of reliable witnesses that he was asked to perform such an operation as he might find necessary, and that the operation actually performed was, in fact, necessary or desirable. There is some confusion as to the person from whom the consent must be obtained; it is, however, laid down as a general rule that this person is the husband in the case of an operation on the wife, and the parents, guardians or other persons legally responsible

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