In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures, suggested, recommended, prescribed or directed by a duly licensed physician, will be implied where an emergency exists if there has been no protest or refusal of consent by a person authorized and empowered to consent or, if so, there has been a subsequent change in the condition of the person affected that is material and morbid, and there is no one immediately available who is authorized, empowered, willing and capacitated to consent. For the purposes hereof, an emergency is defined as a situation wherein, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably jeopardize the life, health or limb of the person affected, or would reasonably result in disfigurement or impairment of faculties.
Miss. Code Ann. § 41-41-7
Implied consent to medical treatment where emergency exists
Applied in 1 court decision — leading case H. L., Etc. v. Scott M. Matheson et al. (1981)
Most recently applied in H. L., Etc. v. Scott M. Matheson et al. (March 1981)
Codes, 1942, § 7129-83; Laws, 1966, ch. 478, § 3, eff from and after passage (approved May 25, 1966
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.