AZ Common Law Causes of Action ASSAULT AND BATTERY (2011)

• Jurisdiction: Arizona

ASSAULT AND BATTERY

Elements

“[W]hen a patient gives limited or conditional consent, a health care provider has committed a battery if the evidence shows the provider acted with willful disregard of the consent given.” Duncan v. Scottsdale Med. Imaging, Ltd., 205 Ariz. 306, 311, ¶ 18, 70 P.3d 435, 440 (2003).

“A health care provider commits common law battery when a medical procedure is performed on a patient without that patient’s consent.” Bailey-Null v. ValueOptions, 221 Ariz. 63, 70, ¶ 20, 209 P.3d 1059, 1066 (App. Div. 1, 2009).

“To establish a battery claim, a plaintiff must prove that the defendant intentionally caused a harmful or offensive contact with the plaintiff to occur.” Johnson v. Pankratz 196 Ariz. 621, 623, ¶ 6, 2 P.3d 1266, 1268 (App. Div. 1, 2000).

Proof

“The essence, therefore, of an informed consent question in a battery case involving a physician is what did the patient agree with the physician to have done, and was the ultimate contact by the physician within the scope of the...