For trespass to the person, the plaintiff must prove either intent or negligence — it is not necessary to prove an intention to harm. A surgeon who removes organs beyond the scope of the patient's consent commits both negligence and intentional trespass. Consent obtained from a patient who may already be under the effects of sedation immediately before surgery is inadequate to cure a prior misunderstanding about the scope of the procedure. A plaintiff's refusal of recommended treatment (here, hormone replacement therapy) does not constitute a failure to mitigate where the refusal is reasonable in light of the plaintiff's disappointment in medical advice and her personal circumstances.
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