(Solution Download) 1 Battery is unpermitted unprivileged intentional contact wit


1. Battery is unpermitted, unprivileged, intentional contact with another?s person. In a physician-patient relationship, how does a physician receive consent to touch the body of a patient?
2. Could there have been a battery if Dr. Pratt had used rubber gloves in handling Mr. Berthiaume?s head in preparation for the pictures? Could there have been a battery if Dr. Pratt had raised Mr. Berthiaume?s head by cranking the hospital bed?
3. Could there have been an assault if Mr. Berthiaume was unconscious at the time Dr. Pratt raised his head and placed the blue operating towel under his head?
4. Are plaintiffs able to recover anything in suits for battery if they are unable to prove any actual physical injury?

Pomeroy, Justice
The appellant, as administratrix, based her claim of right to damages on an alleged invasion of her late husband?s ?right to privacy? and on an alleged assault and battery of him. At the close of the evidence produced at trial, a justice of the Superior Court granted defendant?s motion for a directed verdict. Appellant?s seasonable appeal brings the case to this court.

 







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