There are three types of assault: simple assault, assault and battery and aggravated assault. When you throw a punch, the attempt to hit … The applicant claimed that no consent was given and that as he was talking to the doctor, the nurse approached him from the other side with a needle syringe in her hand and poked him. Example: When the patient argues with the nurse, she says "If you don't stop fighting me, I will put restrictions on you!" Next, determine whether or not the jurisdiction should punish the man's actions as battery. Assault is the charge which is against a threat of violence and battery is the charge against physical violence. Examples are assault, battery, invasion of privacy and defamation of character. But this shining star in the nursing universe has lost some of the glow after her experience. Some commentators, such as Brazier and Cave, claim that physical contact must be necessary with the effect that, for example, “a patient who agreed to take a drug orally, having been totally misled as to the nature of the drug, could not sue in battery”. For example, if a defendant merely intended to scare the plaintiff by swinging a baseball bat near him, but the plaintiff was accidentally hit by the bat, the plaintiff would have a case for civil battery. Provide one (1) example of each crime to support your response. Is Battery Separate From Assault? * Battery -any intentional touching w/o consent i.e. The most common example of medical battery occurs when a doctor performs a non-emergency medical procedure without getting the patient’s consent first. For an assault to be legally sufficient, the person who is fearful or anxious about a contact must be aware of the possibility of the harmful or offensive contact. Examples of Assault and Battery under CA Penal Code § 242. An actual act of causing harm to the other person. Both charges are sometimes leveled simultaneously against a person and sometimes separately. John and Mark are embroiled in the above argument, whereupon John threatens to break Mark’s nose. Some common examples of intentional torts are assault, battery, trespass, and false imprisonment. It is noted here that assault, battery and false imprisonment are also crimes – and can be prosecuted in a criminal court. threaten to give injection w/o consent. Second example: a nurse had ignored the client's rising BP all day and the client had a stroke. Any crime involving a physical attack (or even the threat of an attack) is usually classified as an assault, a battery, or both. TORTS: ASSAULT; BATTERY battery.9 A particular touching might not be offensive to a reasonable person, but if it is inflicted on a very sensitive person, with knowledge of his peculiar sensitiveness, it should be a battery. "Assault" and "battery" are legal terms that describe certain conduct that can give rise to both civil and criminal liability. I had guessed tort b/c it sounds like assault and battery to me. For example, Dr. X gained consent from a patient to undergo heart surgery. Assault and battery nursing home abuse guide. FindLaw's Assault, Battery and Intentional Torts section provides information about the various acts that are considered intentional torts and the elements that a … Some laws use the term “aggravated assault and battery” charges in place of first-degree assault. Assault is the threat of harm. Battery is a criminal offense, and it can also be the basis of a civil lawsuit. Battery pack | centre for excellence in universal design. Assault and battery definition, examples, cases, processes. Write a four to six (4-6) page paper in which you: Compare and contrast the key similarities and differences between the crime of assault and the crime of battery. Her evidence was that she obtained the applicant’s permission before doing so. Use the Internet or Strayer databases to research assault, battery, and crimes against persons. 4 battery… That was a tort. Assault is a tort and occurs when one person intentionally places anther in a state of fear. Out of the blue, a patient hit her hard in the jaw while she was trying to perform an electrocardiogram. Battery definition, types, examples and cases. Australian law differentiates among five specific types of assault, such as common assault, unlawful wounding, assault causing bodily harm (battery), assault causing serious bodily harm (aggravated assault, aggravated battery), and sexual assault. Unlike battery, civil assault doesn’t require that the defendant have any physical contact with the victim. Provide one (1) example of each crime to support your response. As an example, if you as the nurse are doing an assessment of the patient upon admission, and you tell the patient you are going to take his or her vital signs and the patient extends his arm for you to take his blood pressure, consent has been given. Example, at the end of a nursing shift, responsibility for patients is transferred to the group receiving the shift. Assault and Battery Charges. A touching may not be regarded as offensive at the time it is inflicted, due to a mistake or to false repre- Infusion pumps > examples of reported infusion pump problems. Thus forcing beneficial care on an unwilling patient would be battery. The Elements of Civil Assault. In these cases it’s more likely that we’ll need to take regulatory action to maintain professional standards and public confidence in nurses, midwives or nursing associates. She got angry and shoved a napkin in the client's mouth. As an example, a patient who is unconscious could not successfully allege an assault had taken place by a nurse because the patient was unaware of the potential harmful contact. While in surgery, Dr. X removes the kidney. This is a type of incident that results in actual contact made and creates a need for medical attention to the victim.