Question

While a patient is having surgery, his doctor notices a small mole. The doctor doesn't think the mole is anything to worry about, but he decides to remove it to perform a biopsy. What is the doctor guilty of? A. Abandonment B. Battery C. Insurance fraud D. Premises liability

Answer 1

Answer: B. Battery

Explanation: Doctors must get their patients’ consent before performing any procedures.

Battery is an intentional tort and can occur when a doctor performs procedures that require touching a patient in a manner that the patient hasn’t consented to. Consent is a defense against the claim of battery. This applies not only to operations, for which consent forms are normally signed before operating, but can also apply to a physical examination.

Answer 2

B. Battery

Battery is when you don't allow the patient to direct their own treatment or surgery.