This legal concept is similar to the ethical principle of patient autonomy, that a patient has a right to make informed decisions about receiving or refusing medical care (AMA Code of Medical Ethics, Opinion 10.01 ). Because battery is a crime, we obtain written consent from patients prior to treatment. Owen, Prosser and Keeton on Law of Torts §9, pp. For example, touching a person without his or her consent is a battery, a crime against that person under the common law (W. This concept is derived from the United States constitutional right to privacy and the common law right of an adult person to control his or her person.

The right of an adult patient to consent to receive or not to receive medical treatment has long been recognized by common law and in the courts.