Legal Question in Medical Malpractice in Pennsylvania

Re: tort laws

A battery or unconsented to touching of the body. Tortfeasor or party who committed the wrong is accountable for all injuries and damages that result from the unconsented to intubation. Rationale is that the patient not the Doctor has the ultimate authority to make decisions about the patient's body. If the intent of a competent patient is clear as with a written DNR order, the healthcare provider is required to follow the patient's desires even if the healthcare provider would choose otherwise.

Re: tort laws

A battery or unconsented to touching of the body. Tortfeasor or party who committed the wrong is accountable for all injuries and damages that result from the unconsented to intubation. Rationale is that the patient not the Doctor has the ultimate authority to make decisions about the patient's body. If the intent of a competent patient is clear as with a written DNR order, the healthcare provider is required to follow the patient's desires even if the healthcare provider would choose otherwise.

Re: tort laws

I agree with above.

By way of further explanation, a doctor's "right" to examine and treat is premised on actual or implied consent. (This is one of the reasons you sign a form with each doctor visit).

A competent patient is entitled to place limits on the treatment he will accept. Google: Patient Bill of Rights