Crucial Exams

Multistate Bar Examination Practice Question

A hospital nurse noticed her elderly patient becoming increasingly aggressive toward staff and other patients. One day, the patient attempted to strike the nurse with a heavy object. In response, the nurse quickly restrained the patient by holding their arms until a physician arrived. The patient has now filed a claim for battery against the nurse. Does the nurse have a viable defense to the battery claim?

  • No, the nurse's actions do not fall under the privilege for protecting property interests.

  • Yes, the nurse can raise the privilege to protect herself and others from imminent harm.

  • Yes, the nurse can argue that the patient implicitly consented to physical contact by being in a healthcare setting.

  • No, the battery claim is valid because the nurse's actions were not a form of parental discipline.

Multistate Bar Examination
Torts
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