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Asked 6 months ago - Wittenberg, WI
FlagI know malpractice is a tort in Wisconsin. Is battery by doctors recognized as well?
Touching a person without permission is considered a battery, and battery is a tort. That is the basis of the law of informed consent. If permission was obtained without properly informing the patient, that is no permission at all. Or so the theory goes. As a practical matter, almost nobody gets compensated for battery by a health care provider. The battery theory usually gets folded into a malpractice claim.
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