Performing an invasive procedure without the patient's informed consent could lead to which legal claim?

• A. Punitive damages
• B. Civil battery
• C. Assault
• D. Negligence

Answer: (B)

Consent is essential for any invasive procedure because it protects the patient’s autonomy and bodily integrity. When a procedure is performed without informed consent, it involves non‑consensual contact with the body, which is exactly what civil battery covers. Battery is an intentional tort defined by harmful or offensive contact without consent or lawful justification. Even if no severe injury occurs, the lack of consent and the act of touching the person without permission satisfy battery.

Distinguishing it from other concepts helps solidify why battery fits best here: assault is about creating imminent fear of harmful contact, not the actual contact itself, so it’s not the primary claim when the procedure has already occurred. Negligence would involve a failure to meet the standard of care that results in harm, which is about care quality rather than the lack of consent for a specific act. Punitive damages relate to the remedy in certain egregious cases but the core claim is the non‑consensual contact, i.e., battery.