2022 Georgia Code
Title 51 - Torts
Chapter 11 - Defenses to Tort Actions
Article 1 - General Provisions
§ 51-11-2. Effect of Consent
As a general rule no tort can be committed against a person consenting thereto if that consent is free, is not obtained by fraud, and is the action of a sound mind. The consent of a person incapable of consenting, such as a minor, may not affect the rights of any other person having a right of action for the injury.
History. Orig. Code 1863, § 2985; Code 1868, § 2998; Code 1873, § 3053; Code 1882, § 3053; Civil Code 1895, § 3893; Civil Code 1910, § 4490; Code 1933, § 105-1803.
Law reviews.
For comment discussing withdrawal of consent by patient as grounds for assault and battery charge against physician, in light of Mims v. Boland, 110 Ga. App. 477 , 138 S.E.2d 902 (1964), see 16 Mercer L. Rev. 463 (1965).
For note, “The Evolution of the Doctrine of Informed Consent,” see 12 Ga. L. Rev. 581 (1978).
