Medical Battery: When Patient Rights Conflict with Quality of Care

Abstract

An important legal issue with ethical, monetary, and patient care implications involves the revocation of informed consent and the potential for a medical battery lawsuit. In performing medical or surgical procedures, patients frequently tell healthcare providers to “stop”. In 2015, the authors conducted a survey of healthcare providers and the results are analyzed. Case law is reviewed, ethical considerations are discussed and suggestions are made for recognizing when a physician should stop a procedure and thus avoid a potential legal conflict.