The Law of Healthcare: When Is Medical Care Assault And Battery
The legal world intersects with the healthcare world in a manner that brings both worlds together for our common good.
I recently went for my yearly physical and noticed the doctor, immediately upon entering the consultation room, introduced himself.
He spoke very briefly as he gathered general information from me and made me feel comfortable.
Most significantly, prior to making physical contact with me, he told me what he was about to do. He indicated he was about to touch me and where he was about to touch and asked if that was ok.
As a lawyer, I immediately thought of consent and informed consent. I also thought of bedside manners.
Without informing the patient and obtaining their consent, a medical staff runs the risk of making unwanted and offensive physical contact with a patient.
A patient who sees the contact coming can feel assaulted. Once the contact is made without the consent of the patient, it becomes battery.
That is the reason a patient is sometimes made to sign a Consent Form prior to their consultations or medical procedure.
Herein lies the intersection of law and healthcare delivery.
Law certainly does regulate and shape how healthcare is delivered to us.
Asukwo Mendie Archibong Esq
About The Author
A. M. Archibong Esq is a US Attorney at Law. He has a background in Biochemistry and Information Technology. He has a Master of Laws degree in Intellectual Property. He acts as outside counsel to several US and European Union based companies.
