Can an act by a doctor be both battery and malpractice? If so, can you give an example?
Personal Injury Lawyer
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 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
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.
I support my colleague's answers.