Homework Answers
492) Medical battery is the intentional violation of a patient's right to direct their own medical treatments. Doctors must obtain a patient's informed consent when rendering non-emergency treatment.
- In a health care setting, most assaults alleged are not criminal in nature. Nevertheless, it often is alleged with the tort of battery. A battery is an intentional and wrongful physical contact with another person without that person's consent that includes some injury or offensive touching.
- The elements of medical battery include:
- The act
- Intent
- Causation (actual and proximate)
- Touching
- Harmful or offensive
Example:
- In cases of emergency, when a patient is unconscious and unable to give consent, a doctor may operate to save the person’s life. If a patient has refused care, yet the care was forced on them, they may have a case for medical battery and they may be entitled to compensation or any resulting injuries or losses.
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