Abstract
Occasionally during a surgical procedure a surgeon will discover a further condition not anticipated before surgery. With the patient unconscious, the surgeon now holds critical information that was not available at the time consent was obtained. A surgeon must decide whether to treat the incidental finding (IF) or not. The problem arises because, although treating the IF may be in the patient's best interest, the patient has not consented. Conversely, delaying intervention to seek consent may not be in the patient's interest. These situations can generate considerable medicolegal challenges for surgeons. Many surgeons will be wary of acting beyond the scope of the initial consent, owing either to a desire to respect patient autonomy, or to concern regarding the potential for legal proceedings if the patient subsequently objects and the intervention is considered contrary to the patient's interests.