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Medical battery is when a caregiver intentionally disregards a patient’s advance directives, which can include living wills or desires to limit medical treatment. Advance directives must be made in writing and in advance of care. Failure to comply with them constitutes medical battery and can lead to monetary claims. A durable power of attorney can also be filed to appoint someone to make medical decisions if the patient is incapacitated. Without written directives, decisions can be challenged. Laws vary by state, and medical battery is different from malpractice as it violates patient rights rather than involving inadequate care.
Medical battery can be defined as an intentional act by the caregiver not to comply with the patient’s advance directives. Advance directives can include living wills but can also simply refer to a desire to limit or direct medical treatment or procedures that may be relevant now, or become relevant at a later date in the event of illness or injury. This protects a person’s right to decide what to do with and with their body, including the right to refuse treatment, or to insist on treatment, if they are comatose or have any other disability that precludes effective communication.
As the name indicates, advance directives must be made in advance of the care provided and in writing. It is the responsibility of health care facilities, including nursing homes and hospitals, to inform patients of their rights under state law and to provide advance directive forms upon admission to hospital. However, they can be obtained at any time and presented to the health facility as a precaution. Failure to comply with the directives, even when such non-compliance serves the patient’s benefit, constitutes medical battery and can justify monetary claims.
Since it is impossible to account for every type of circumstance in an advance directive, a durable power of attorney (DPA) can also be filed with the advance directive, or in its place. The DPA appoints a family member, friend or other trusted party to make medical decisions for you if you are incapacitated. An advance directive along with a DPA will ease some of the burden from family or friends who may need to make decisions for you.
If there is no advance directive, living will, or some other form of written directive, and a patient is unable to make their own medical decisions, the spouse is placed as the health care delegate. If there is no spouse, the proxy becomes the next of kin. However, without a written directive, decisions can be challenged by loved ones and even by outsiders, as seen in the much publicized Terri Schiavo case of 2005.
Laws surrounding advance directives, DPAs, and living wills vary from state to state. If you would like to look into any of these documents, please contact your local hospital, HMO or other healthcare professional.
Medical battery is also subject to state laws and this informational article should not be construed as legal advice. If you believe you may have been a victim, consult a medical law attorney in your area. Many companies offer free consultations to evaluate the feasibility of a case.
Medical battery differs from medical malpractice in that the latter involves malpractice that results in harm. No injury or negligence is required to find medical battery. Medical battery is a violation of the patient’s rights to direct their own care, rather than a finding of inadequate care.
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