Mary, following preoperative medication, was taken to theatre for a biopsy for possible breast cancer. When the theatre staff went through their checklist they could not find a consent form. The consultant surgeon said that he had seen her in the outpatients' department 2 weeks before and she had given a clear consent, not only for the biopsy but also for a radical mastectomy should the results show that to be necessary. He said that he had no problems with continuing the operation. The theatre sister was unsure of the legal position.