49Medical and dental treatment

#### 49 Medical and dental treatment 49 Medical and dental treatment > > (1) Where medical treatment or dental treatment of a minor aged less than sixteen years is carried out with the prior consent of a parent or guardian of the person of the minor, the consent has effect in relation to a claim by the minor for assault or battery in respect of anything done in the course of that treatment as if, at the time when the consent is given, the minor were aged twenty-one years or upwards and had authorised the giving of the consent. > > > (2) Where medical treatment or dental treatment of a minor aged fourteen years or upwards is carried out with the prior consent of the minor, his or her consent has effect in relation to a claim by him or her for assault or battery in respect of anything done in the course of that treatment as if, at the time when the consent is given, he or she were aged twenty-one years or upwards. > > > (3) This section does not affect: > > > > > (a) such operation as a consent may have otherwise than as provided by this section, or > > > > > (b) the circumstances in which medical treatment or dental treatment may be justified in the absence of consent. > > > (4) In this section: > > > > dental treatment means: > > > > > (a) treatment by a dentist in the course of the practice of dentistry, or > > > > > (b) treatment by any person pursuant to directions given in the course of the practice of dentistry by a dentist. > > > > medical treatment means: > > > > > (i) treatment by a medical practitioner in the course of the practice of medicine or surgery, or > > > > > (ii) treatment by any person pursuant to directions given in the course of the practice of medicine or surgery by a medical practitioner. > > **s 49:** Am 2010 No 34, Sch 2.35.