While preparing to give an immunization, a medical assistant uncaps the syringe. The patient suddenly says, "Do not touch me with that needle!" The assistant continues advancing toward the patient with the syringe, ignoring the refusal, but makes no physical contact. For what intentional tort could the patient most plausibly sue?
Intentionally moving toward a patient with a needle after the patient expressly refuses treatment can create a reasonable apprehension of imminent harmful contact. That meets the elements of assault. Battery would require actual bodily contact, which the scenario states has not occurred. Negligence and malpractice involve breaches of the standard of care, not intentional threats.
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