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Asker
Posted almost 3 years ago.

Are you speaking for New York or Wisconsin?

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Asker
Posted almost 3 years ago.

Are you saying the reason almost nobody gets compensated for battery by a health care provider is because most of the time the theory is folded into a malpractice claim?

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Joseph Jonathan Brophy
Joseph Jonathan Brophy, Medical Malpractice Attorney - White Plains, NY
Posted almost 3 years ago.

The law of battery is the same in every state as far as I know. If a doctor treats you without any consent at all, that is technically a battery, but it is usually a malpractice, too. It would be up to your lawyer to decide how to frame the claim, based on specific information which you have not provided. For that matter, it isn't clear that this is a real case or a hypothetical. If it is a real case, call a medical malpractice lawyer in Wisconsin. Don't try to represent yourself under any circumstances.

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Asker
Posted almost 3 years ago.

Thank you.