California First-Year Law Students' Exam (Baby Bar) — MCTortsHard
A patient underwent a routine medical procedure. Before the procedure, the doctor explained the risks and benefits, and the patient signed a consent form. During the procedure, the doctor performed an additional, unauthorized minor procedure that was not discussed but was medically beneficial and caused no harm. Which of the following best describes the doctor's liability?
- AThe doctor is liable for medical battery because the additional procedure was performed without consent.
- BThe doctor is liable for medical malpractice due to the unauthorized procedure.
- CThe doctor is not liable because the additional procedure was medically beneficial and caused no harm.
- DThe doctor is liable for intentional infliction of emotional distress due to the violation of autonomy.
Show answer & explanationAnswer & explanation
Correct answer: A. The doctor is liable for medical battery because the additional procedure was performed without consent.
Medical battery occurs when a doctor performs a procedure without the patient's consent, even if the procedure is beneficial and causes no harm. The essence of battery is the unauthorized touching, which infringes upon the patient's bodily autonomy. Consent is a defense to battery, and its absence for the specific procedure makes the touching unauthorized.
Why the other options are wrong
- B. Medical malpractice requires a breach of the standard of care causing injury. Here, the issue is lack of consent, not necessarily substandard care.
- C. While beneficial and harmless, the lack of consent still makes the touching a battery, as it violates bodily autonomy.
- D. Intentional infliction of emotional distress requires extreme and outrageous conduct, which is a higher bar than an unauthorized but beneficial procedure.
Medical Battery
An intentional tort where a medical professional performs a procedure on a patient without their valid consent, constituting an unauthorized touching of the patient's body.
- Intentional touching.
- Touching is unauthorized (lack of consent).
- Can occur even if the procedure is beneficial.
- Focus is on bodily autonomy, not necessarily harm.
Memory trick: Consent's clear, or battery's near.