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

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

Oshkosh, WI -

Attorney Answers (4)

L. Maxwell Taylor

L. Maxwell Taylor

Litigation Lawyer - Middlebury, VT
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.

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James Lawrence Magazine

James Lawrence Magazine

Personal Injury Lawyer - New Port Richey, FL
Answered

I support my colleague's answers.

Jim
www.lgmlawgroup.com

Bret A. Schnitzer

Bret A. Schnitzer

Personal Injury Lawyer - Lincoln Park, MI
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
Martin Paul Weniz

Martin Paul Weniz

Medical Malpractice Attorney - Los Angeles, CA
Answered

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

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