Elementary School
Present s
Never Suffer from a Medical Battery Again
What is Medical Battery? Medical battery in healthcare is when a doctor or medical practitioner performs a procedure at a non-critical or non-emergency situation in any patient without the patient’s consent.
Elements in the Medical Battery Claims to be proved • The Act • Intent • Actual Cause • Proximate Cause • Touch/ Contact • Harmful or Offensive
Plaintiff needs to prove one of them to be true to claim for medical battery •
The medical procedure was performed without the consent of
plaintiff •
The procedure was not an emergency one
•
No consent was obtained from the bystander authorized by
plaintiff •
The procedure was performed against the will of the plaintiff
•
The procedure differed significantly from the consent obtained
Medical Battery Claim Includes •
Physical Damages (cuts/bruises/Pain)
•
Benefitted results out of medical battery
•
Non-economic damages, etc.
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medical
battery,
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