The main difference between medical malpractice and medical battery is the nature of the health care provider’s conduct. Medical malpractice involves negligence or failure to meet a standard of care, while medical assault involves intentional and unauthorized physical contact or procedures performed on a patient without the patient’s consent.
Both types of claims can result in legal action and potential liability by the healthcare provider, but the elements of each claim are different.So far, I have found the firm to be very compassionate and understanding, which seems to be rare among firms today, let alone among complaining. Chris Nass offered to help us when no one else would. That goes a long way in my book.What is medical malpractice?Medical malpractice is medical negligence. The public often makes common assumptions that they can file a lawsuit
against a doctor whenever he or she makes a mistake or if a patient does not accept the results of a treatment or procedure. This is not true. To prove that medical malpractice occurred, the criminal must prove:The doctor-patient relationship existsDoctors have a duty of care to their patientsThe physician breached his duty of care and acted or failed to act in accordance with the accepted standard of care in his profession and geographic areaMedical professional violates standards of care resulting in patient injuryPatient suffers from injury
What is a medical battery?
When you go to a doctor and they prescribe a treatment or procedure, an essential element is your consent. You have the right to know what will be done to you, to know the risks or potential side effects of the surgery, and to be informed of any alternative treatments available to you. Following the principles of informed consent, the doctor describes how the surgery will be performed and the benefits and risks of having the surgery.
Medical battery occurs when a doctor or other medical professional violates your right to decide what medical treatment you will receive and which medical treatment you do not wish to receive.Verify medical batteriesWhile medical malpractice is usually unintentional and occurs due to some form of negligence, medical battery is intentional. The elements of medical battery include “a showing that: (1) the defendant committed an act, (2) intentionally subjected the defendant to (3 ) harmful or offensive
touching.”Medical batteries are intentionally touched without permission. The accused does not have to prove that the criminal intended to cause any harm. Former US Supreme Court Justice Cardozo stated in Schloendorf v. New York Hospital Association:Every adult and sound person has the right to decide what to do with his or her own body; a surgeon who operates without the patient’s consent commits an assault and he is liable for damages. This is true except in emergency situations where the patient is unconscious and surgery must be performed before consent can be
obtained.Therefore, in an emergency situation, when a patient is unconscious and unable to give consent, a doctor may perform surgery to save the patient’s life. If a patient refuses care but it is forced upon them, they may bring a case of medical assault and they may be entitled to compensation for any injury or loss caused by the condition.
＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞＞10.8V 3120mAH/34Wh Replacement Medical Battery for ADLink L-BT-7