Consent is a defense applied in intentional tort cases that can be expressed or implied through prior dealings, actions, or circumstances.
Medical care providers may act in the absence of express consent if:
- The patient is unable to give consent. (unconscious, intoxicated, mentally ill, incompetent)
- There is a risk of serious bodily harm if treatment is delayed.
- A reasonable person would consent to treatment under the circumstances.
- The physician has no reason to believe this patient would refuse treatment under the circumstances.
Consent obtained by fraud is not consent.
- The fraud must pertain to the essential nature of the thing consented to.