April 2, 2020

Marshall v. Curry | Case Brief - 3 D.L.R. 260, 60 Ca. C.C. 136 (1933) - Nova Scotia Supreme Court

FACTS: The plaintiff had a hernia and during the course of the operation to fix it the doctor removed his left testicle. The doctor said it was a necessary part of the treatment.

ISSUE: Did the doctor need consent to remove the left testicle?

HOLDING: No

RATIONALE: The doctor made an honest effort to save the patient and preserve life and for that reason he should not be held to legal liability. The duty of the surgeon in the operation and the consent of the patient to perform the procedure in the first place creates a situation of implied license for the surgeon to take the necessary steps to cure the patient.