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

   Middlebury Litigation Lawyer

   Contributor Level 20

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   Answered November 04, 2012 16:14. 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.

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2. 

   James Magazine

   New Port Richey Car / Auto Accident Lawyer

   Contributor Level 16

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   Answered November 04, 2012 17:34. I support my colleague's answers.
   
   Jim
   www.lgmlawgroup.com

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3. 

   Bret Schnitzer

   Lincoln Park Personal Injury Lawyer

   Contributor Level 16

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   Answered November 04, 2012 15:56. 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... moreYou should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net less

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4. 

   Martin Weniz

   Los Angeles Medical Malpractice Attorney

   Contributor Level 13

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   Answered November 10, 2012 17:08. Short answer: yes. The examples provided by the other attorneys are good examples.

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