My mother was rushed to the emergency room for heart pain. The doctor performed surgery without informed consent. Is this legal?

Because it was an emergency, informed consent may have been unnecessary. Before a patient receives medical treatment, a doctor must notify the patient of the diagnosis, the purpose of the procedure, the potential risks, the benefits, and alternatives to the procedure. In most situations, a doctor must receive informed consent from the patient because a patient has the right to determine what happens to their body. Failure to receive informed consent is a form of medical malpractice.

In some situations, such as in an emergency when the patient is unconscious, informed consent from the patient is unnecessary. When a patient cannot give informed consent due to incompetence, incapacitation, or unconsciousness, a doctor may seek informed consent from a surrogate decision maker, such as a spouse or a family member. In a situation where the patient is unable to give consent and a surrogate is unavailable, a doctor may proceed without consent if the patient will likely die without treatment. In this situation, the doctor acts on behalf of the patient and presumes the patient’s consent.