Question
A patient is refusing to have blood drawn to be tested. Without listening to the patient's wishes, the phlebotomist draws the blood anyways. Which tort is occurring in this scenario? 7 A confidentiality malpractice C battery D false imprisonment
Answer
4.5
(296 Votes)
Ralph
Professional · Tutor for 6 years
Answer
C
Explanation
This question falls within the branch of tort law, more specifically relating to personal injuries and how they pertain to the healthcare field. A tort is a wrongful act or an infringement of a right leading to civil liability. The four options provided are all types of legal misbehaviors. However, they apply to distinct situations. Confidentiality means that a healthcare provider divulges private medical info about a patient without their consent. This doesn't fit our scenario. Malpractice involves a professional (say, a medical doctor) failing to provide a standard level of care resulting in harm. Here, the question is not about the quality of healthcare, but rather obtaining consent, making this the wrong answer. "Battery" in tort refers to the intentional nonconsensual harmful/offensive contact with the patient's body, or anything physically connected with the patient's body. Drawing blood without consent does fall into this category which makes this a suitable answer. Lastly, false imprisonment involves restraining a patient in a bounded place without a justification or consent which doesn't fit the situation.