Counsel for the plaintiffs submits that consent which must be provided by the patient is with respect to whether surgery will be performed, where it will be done, when it will be done and by whom it will be done. In the absence of such consent, a battery will be committed. It is common ground that the onus is on the defendants to establish consent and that it may be either express or implied. One must look at all aspects of the situation to determine if the patient has agreed to the medical procedure (Allan v. New Mount Sinai, supra).
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