The Kentucky Court of Appeals just issued its opinion in Seaton v. Patterson. Seaton had sued Patterson for battery, claiming that the physician amputated his penis without consent. Seaton claimed he consented only to a circumcision. But a jury determined that Dr. Patterson had Seaton's consent. The appellate court found no error in the trial proceedings.
I am following this type of medical battery case to round out the authority in my forthcoming article: "Clinicians May Not Administer Life-Sustaining Treatment without Consent: Civil, Criminal, and Disciplinary Sanctions."
Thursday, January 3, 2013
Phillip Seaton Loses Case against Physician who Amputated Penis without Consent
Thaddeus Mason Pope is Director of the Health Law Institute and Professor of Law and at Mitchell Hamline School of Law in Saint Paul, Minnesota. <> <> He is also an Adjunct Professor with the Australian Centre for Health Law Research at Queensland University of Technology; Adjunct Associate Professor with the Alden March Bioethics Institute at Albany Medical College; and Visiting Professor of Medical Jurisprudence at St. Georges University. <> <> Professor Pope is an internationally recognized expert in bioethics and medical ethics. He has over 120 publications in: leading medical journals, law reviews, bar journals, nursing journals, bioethics journals, and book chapters. He also coauthors the definitive 1500-page treatise The Right to Die: The Law of End-of-Life Decisionmaking.