uman Right Act in article 3 state ‘prohibition of torture’ it means no one shall be subjected to torture or to inhuman or degrading treatment or punishment Human Rights Act (HRA, 1998). In addition, in common law touching a patient without valid consent may create the civil or criminal offence of battery (common law). Any employee who is not follow the legal principle relating to consent to treatment will face criminal, civil, professional conduct and disciplinary action (Dimond, 2009).

In article 14 Human Rights Act state’ prohibition of discriminations’ health professional should not judge their patients on any ground such as sex ,race colour language religion, political or other opinion, national or social origin, association with a national minority, property ,birth or other status. Compliance with the Human Rights Act is largely reflected in existing good ethical practice, but all health practitioners should be aware of the Human Rights Act and ensure that they act with it (DOH, 2001).

Health professionals should explain the nature of treatment in details as long as it has been explained in aspect the nature of touching will not arise action in trespass (Griffith, Tengnah 2010). For example when a patients believed that she was having a routine post-natal vaccination. In fact she was given the long acting contraceptive Depo-Provera. If health professionals give false and misinformation to the patients consent will be invalid and responsibility in trespass will arise (Griffith, Tengnah 2010).

Influence of consent to the nursing

The NMC Code Conduct states nurses must advocate people’s rights to be fully involved in decisions about their care. It is important to give adequate information to enable them to accept or refuse their treatment. Also the NMC code states ‘You must respect and support people’s rights to accept or decline treatment and care.’ If a patient feels the information he/she received inadequate. He/she could lodge a complaint to the NMC or take legal action. The majority of legal action are based on the allegation of negligence because of this nurses must ensure share information with people in a way which they can understand and want to know about their health (NMC, 20