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For example, if someone tells another person they will throw a bottle at them, they have committed assault. If they then go on to throw that bottle, and actually hit another person, then they have committed battery.
An example related to assault and battery in health care is the patient's right to refuse treatment. For example, a hospitalized patient can refuse to take prescribed medication. If a nurse forcibly administers medication without a patient's consent, it could be ruled assault or battery in a court of law.
Personal Injury | December 29, 2021. Medical battery is intertwined with the legal theories of assault and battery. Assault occurs when one party tries to inflict physical harm onto another. Battery occurs when one actually inflicts physical harm on a person. Assault is a type of attempted battery.
Medical Battery in California An example of this is that if the doctor finds damage to an organ, then the patient gives permission to remove the organ. When the doctor performs the procedure, the organ is not found to be damaged, but the doctor goes ahead and removes the organ anyway.
Examples include verbal threats or physical attacks by patients, a distraught family member who may be abusive or even become an active shooter, gang violence in the emergency depart- ment, a domestic dispute that spills over into the workplace, or coworker bullying.