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You’ve been hurt while receiving medical care – but do you know whether the cause was medical malpractice vs. medical battery? These are related but distinct terms, and the difference will inform what legal strategy might be most suitable for your legal claim. A medical negligence vs. medical battery lawyer can explain the difference and which might apply to your situation.
What Is Medical Malpractice?
A healthcare provider commits medical malpractice when they fail to meet the accepted standard of care that a reasonably competent medical professional would apply under similar circumstances. A poor treatment result does not mean that malpractice occurred. Malpractice is the result of medical negligence or careless errors that harm the patient.
Examples of medical negligence include medical misdiagnosis, errors in prescribing or administering medication, failure to diagnose, failure to provide follow-up care, or surgical errors.
To prove medical malpractice, the plaintiff must demonstrate that the healthcare provider’s actions fell below the reasonable standard of care, which requires specialized knowledge. In a medical malpractice case, expert testimony is often required to establish the standard of care and how it was breached.
What Is Medical Battery and Informed Consent?
Medical battery, on the other hand, is classified as an intentional tort, meaning it involves a knowledgeable action and deliberate conduct by the healthcare provider in a medical setting. It occurs when a healthcare provider treats a patient without obtaining the patient’s consent. Even if the result was good and the medical care was otherwise competent, performing a treatment on a patient without their knowledgeable consent is medical battery.
Examples of medical battery are performing procedures the patient didn’t agree to, administering experimental procedures without consent, and performing surgery or other treatments beyond what the patient agreed to.
To establish liability in medical battery cases, it is sufficient to prove that unauthorized contact or procedures were performed without the patient’s consent; proving injury is not necessary. The plaintiff must show that the provider acted intentionally without the patient’s consent. Patients of sound mind have the legal right to control what happens to their own bodies, and any violation of this right can be considered medical battery. It is crucial for providers to obtain consent before performing any procedures in a medical setting.
Key Differences Between Malpractice and Battery
A significant difference between medical malpractice and medical battery is what must be proven in a legal action against the healthcare professional. A successful medical malpractice claim requires proof that the healthcare provider was negligent. To prove that medical battery took place, the injured party must prove that the medical treatment in question occurred without their informed consent.
A person injured by medical malpractice must prove that:
- A doctor-patient relationship existed between the parties.
- The practitioner had a duty to care for the patient in accordance with the accepted standard of care.
- The practitioner breached that duty.
- The breach caused the patient’s injury.
A person who was the victim of medical battery must prove that:
- They were not informed beforehand about a non-emergency procedure that was performed on them, or
- The patient was informed, but not all potential risks were disclosed, and
- Had the patient been fully informed, they would not have consented to the procedure, or
- The patient was fully aware of the risks and did not give consent, but the procedure was performed regardless.
How a Medical Malpractice Lawyer Can Help
If you’ve been the victim of medical malpractice, you need an experienced Indiana medical malpractice lawyer like Kelley J. Johnson. When you hire the Law Office of Kelley J. Johnson, we can:
- Investigate your injury or the treatment performed without consent
- Gather evidence
- Obtain a medical expert’s opinion about your treatment
- Present that opinion to Indiana’s Medical Review Panel
- Handle all communications with the healthcare providers’ malpractice insurer
- Negotiate for a fair settlement
- Take your case to court if no settlement is possible
We offer a confidential consultation to discuss your case privately and securely.
Get the Help You Need Today
When you need a Indianapolis medical malpractice attorney for medical malpractice or battery, turn to the Law Office of Kelley J. Johnson. We have years of experience in malpractice claims against healthcare providers, and we’re skilled at winning them. Contact us today to learn more about your options for pursuing compensation and justice.
