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

Oshkosh, WI |

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

Attorney Answers 4


  1. 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.

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  2. 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.


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

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