Blanchard v. Kellum

In Blanchard v. Kellum, 975 S.W.2d 522, 524 (Tenn. 1998), the court recognized the "distinction between: (1) cases in which a doctor performs an unauthorized procedure; (2) cases in which the procedure is authorized but the patient claims that the physician failed to inform the patient of any or all the risks inherent in the procedure." The court used a "simple inquiry" and found that if the patient was not aware that the "doctor was going to perform the procedure," nor did the patient authorize the procedure, the plaintiff had a cause of action for medical battery. Id.