During a follow-up visit, a patient with a history of non-compliance and aggression necessitates a blood draw. The patient seems agitated and appears to reluctantly agree to the procedure. Mid-way through the draw, the patient starts to protest, but the medical assistant proceeds to quickly finish collecting the sample to avoid a confrontation. If the patient later claims the medical assistant committed a tort, which one is most applicable?
In this scenario, the most applicable tort is 'Battery,' because even though the patient initially appeared to agree to the blood draw, their protest during the procedure should have been heeded. Battery in the medical setting occurs when a healthcare provider intentionally performs a procedure without consent or against the will of the patient. It is crucial for healthcare providers to obtain and maintain consent throughout all procedures. 'Assault' relates to an action causing the patient to fear or anticipate physical harm, which is distinct from battery where actual contact occurs. 'False imprisonment' might seem plausible due to the patient feeling compelled to agree, but it involves restraining a person in a bounded area without legal authority. 'Defamation' is not applicable here because it involves false communication that injures a person's reputation, which is unrelated to the described action.
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