You have always sought to do whatever you thought was in your patients’ best interests. Unfortunately, a medical procedure or treatment did not go as planned. Now, a former patient is claiming your actions constitute more than medical malpractice, they rise to the level of medical battery in New York. But what does that entail? If you would like answers to these and other related questions, please continue reading, then contact one of our skilled OPMC/OPD misconduct defense lawyers today.
How does New York define medical battery?
For a patient to prove a medical battery claim, you have to look at the elements of a traditional battery case. Battery is the harmful or offensive touching of another person. Medical battery is precisely this, but in a medical setting, where a doctor or medical professional causes a harmful or offensive touching to their patients.
The key to proving a medical battery case is proving intent. You must have acted intentionally to cause harm or offensive contact with the patient. Unfortunately, unlike a traditional battery case, there is no need to prove the doctor wanted to cause harm, only that the touching was intentional. Keep in mind that actual injury is not necessary in a medical battery case either.
What are the legal consequences of medical battery in New York?
Legal consequences of medical battery typically include the medical professional compensating for any loss the victim endured, including for all past, present and future injuries such as:
- Physical pains
While a medical battery is usually grouped into intentional tort claims, it can lead to criminal prosecution. If a doctor, or medical professional, acts with criminal intent, they are subjected to harsher punishments. Criminal medical battery is very rare, but consequences can include:
- Loss of medical license
- Severe fines
- A jail sentence
How do you defend against medical battery charges
The number one defense to a medical battery claim is proof the patient consented to the contact or touching. You can prove this using medical documents the patient may have signed or witness testimony stating the patient consented to the treatment.
If circumstances warrant it, you may also argue that the patient was incapacitated or otherwise lacked the mental capacity to render a decision of treatment and you either had to make an emergency decision or else someone other than the patient rendered consent when the patient in question was incapacitated.
If you are facing or feel you will face a medical battery accusation, you should reach out to Paul E. Walker as soon as possible. We can discuss your options and help execute your defense.
Contact our experienced New York City firm
If you are a medical professional accused of misconduct, contact the Walker Medical Law firm to set up a free initial consultation.