Medical Malpractice vs Medical Battery – What’s the Difference?

You have probably heard of medical malpractice claims, and you might have heard of medical battery claims. While both involve medical professionals, they can cover very different situations. Knowing that both exist, however, can help you if you believe you’ve been improperly treated in some way by a doctor or other medical professional.

Medical Malpractice – When Treatment is Negligent

Medical malpractice claims are typically brought in cases where a medical professional, such as a doctor, acts negligently, and as a result, the patient is harmed in some way. In the usual medical malpractice case, the patient was aware of and had given their consent for the treatment that the doctor was performing. The problem is that the doctor was negligent in providing the treatment and, as a result, harmed the patient or caused them to endure unnecessary pain and suffering. In the vast majority of cases, medical malpractice is not considered criminal behavior. 

Medical Battery – When Treatment is Performed Without Consent

Medical battery claims, on the other hand, can be made even in situations where the doctor properly treats the patient, even when the patient doesn’t suffer physical harm as a result of that treatment. The main issue in a medical battery case is one of consent – did the patient freely and knowingly consent to the treatment they received, or did an exception to the consent requirement exist? 

For example, a doctor who mistakenly performs a procedure on the wrong patient – one who did not consent to it – could very well be liable for medical battery. In other cases, the patient may have given consent but for a different type of treatment than was provided or may have consented to one physician performing a procedure that was, in fact, performed by another.

Finally, there are more egregious cases where medical battery can be charged as a crime. These often involved situations where a physician is accused of inappropriately or unnecessarily touching a patient, typically during an examination and, in some cases, while the patient was sedated. When that contact is without the patient’s consent and not necessary for the purposes of the examination, it may result in criminal charges. Medical battery cases can result in both civil claims and criminal charges. 

Razumich & Associates Can Help 

If you are a medical professional who has been accused of inappropriate or non-consensual contact with a patient, contact Razumich & Associates to discuss your case and learn how we can help. Our experienced criminal defense attorneys have helped clients, including professionals, defend themselves against criminal charges in courts across Indiana. Call us today at 317-449-8661, or use our contact form to schedule a confidential consultation. Your liberty and your reputation are too important to leave to chance; let Razumich & Associates help you protect both!