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Re: competency to consentFrom: DoctorJoe@aol.comMon Jul 21 10:14:46 1997
In a message dated 7/21/97 10:11:57 AM, you wrote: <<Battery is a tort, but is an intentional tort not covered by most malpractice policies. It does not require financial damages as a medical malpractice (negligence) tort does.>> This is an important point. A recent case here in Louisiana differentiated a medical negligence/malpractice from a medical battery (a doc did a hysterectomy without consent). One difference would be that the negligence is covered by your malpractice insurance, but the battery is not. So you get dinged out of your own pocket. Joe P.
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