Can an act by a doctor be both battery and malpractice? If so, can you give an example?

Asked over 1 year ago - Oshkosh, WI

Can an act by a doctor be both battery and malpractice? If so, can you give an example?

Attorney answers (4)

  1. L. Maxwell Taylor

    Contributor Level 20

    8

    Lawyers agree

    Answered . Surgeon puts you under for upper blepharoplasty, a procedure to which you have consented, but decides on his own to do a lower blepharoplasty too, which you have neither discussed nor consented to. Second procedure is an unconsented touching: battery. ANd the standard of care requires prior informed consent, which was not given; ergo, malpractice.

  2. James Lawrence Magazine

    Contributor Level 16

    8

    Lawyers agree

    Answered . I support my colleague's answers.

    Jim
    www.lgmlawgroup.com

  3. Bret A. Schnitzer

    Contributor Level 16

    7

    Lawyers agree

    1

    Answered . Sure it can. Here is an example-A dentist puts his patient under and sexually assaults them. That would be both battery and malpractice. I am sure there are other examples but that is an extreme one for sure.

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the... more
  4. Martin Paul Weniz

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Short answer: yes. The examples provided by the other attorneys are good examples.

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