A nurse touches a patient’s body during a procedure after the patient has clearly withdrawn consent and asked the nurse to stop. Which legal concept may apply?

Correct answer: B. Battery because contact continued without consent

  • A. Assault because the patient feared contact
  • B. Battery because contact continued without consent
  • C. Negligence because the procedure was delayed
  • D. Defamation because the patient complained

Explanation

Battery is intentional physical contact without valid consent, even when the contact does not cause injury. Assault usually involves a threat or apprehension of unwanted contact without the contact itself.

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About Legal Aspects and PNMC Regulation

Legal aspects of nursing include professional scope of practice, registration and licensing, standards of care, negligence, malpractice, assault, battery, consent, confidentiality and accurate documentation. PNMC regulation also involves professional accountability, disciplinary procedures and safe delegation, which differ from ethical guidance because they carry legal or regulatory consequences.

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