If a patient refuses a procedure and the nurse still performs it, this constitutes which tort?

If a patient refuses a procedure and the nurse still performs it, this constitutes which tort?

• A. Assault; intentional tort
• B. False imprisonment; intentional tort
• C. Battery; intentional tort
• D. Negligence; unintentional tort

Answer: (C)

Consent and intentional touching are being tested here. When a patient refuses a procedure, any nurse performing that procedure is making intentional contact without the patient’s consent. That fits battery, an intentional tort, because the act involves purposeful touching that is harmful or offensive and occurs without consent. The nurse’s intent to perform the procedure isn’t required to prove battery; the key point is the unconsented contact. To contrast briefly: assault would involve threatening or causing fear of imminent harmful contact, which isn’t present when the contact actually occurs. Negligence would involve failing to meet the standard of care and causing harm as a result, but it centers on an unintentional breach rather than intentional contact. False imprisonment involves coercing or restraining someone’s freedom of movement, which isn’t what happens in this scenario.

Consent and intentional touching are being tested here. When a patient refuses a procedure, any nurse performing that procedure is making intentional contact without the patient’s consent. That fits battery, an intentional tort, because the act involves purposeful touching that is harmful or offensive and occurs without consent. The nurse’s intent to perform the procedure isn’t required to prove battery; the key point is the unconsented contact.

To contrast briefly: assault would involve threatening or causing fear of imminent harmful contact, which isn’t present when the contact actually occurs. Negligence would involve failing to meet the standard of care and causing harm as a result, but it centers on an unintentional breach rather than intentional contact. False imprisonment involves coercing or restraining someone’s freedom of movement, which isn’t what happens in this scenario.