Medical Malpractice
Core Doctrines
Medical battery occurs where a procedure was performed without consent, a substantially different procedure than authorized was performed, or the wrong patient or site was treated. It is an intentional tort.
It differs from lack of informed consent, which addresses disclosure quality.
Alternative Names:
Medical Battery, Unconsented Treatment
Why it Matters?
The intentional tort characterization has coverage consequences, since professional liability policies frequently exclude intentional acts and a battery claim may fall outside coverage that would respond to negligence. Plaintiffs occasionally plead battery for that reason or to avoid procedural gates applying to malpractice claims. Establishing that the claim is properly one of negligent disclosure rather than battery restores those protections.
Frequently Confused with
Related terms
Frequently asked questions
How does battery differ from informed consent?
Why do plaintiffs plead battery?
