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I know malpractice is a tort in Wisconsin. Is battery by doctors recognized as well?

Wittenberg, WI |

I know malpractice is a tort in Wisconsin. Is battery by doctors recognized as well?

Attorney Answers 3

Posted

If you were the victim of a battery in any state, call the police immediately. Good luck.

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Posted

You don't call the police from a medical battery. Can you answer the question now?

Posted

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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Posted

Are you speaking for New York or Wisconsin?

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Posted

Are you saying the reason almost nobody gets compensated for battery by a health care provider is because most of the time the theory is folded into a malpractice claim?

Asker

Posted

http://www.americanprofessional.com/APA_NewsLetters/APA-informedconsent.pdf

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Posted

The law of battery is the same in every state as far as I know. If a doctor treats you without any consent at all, that is technically a battery, but it is usually a malpractice, too. It would be up to your lawyer to decide how to frame the claim, based on specific information which you have not provided. For that matter, it isn't clear that this is a real case or a hypothetical. If it is a real case, call a medical malpractice lawyer in Wisconsin. Don't try to represent yourself under any circumstances.

Asker

Posted

Thank you.

Posted

Contact the police first to file battery charges. Battery is a criminal offense, however what damages were incurred as a result?

Jim Magazine

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Posted

Why would anyone contact the police first for medical battery? Unless it was sexual contact, which it wasn't.

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Posted

It was failure to obtain consent (failure to even begin the process of consent) and treatment WITHOUT consent.

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