Which best differentiates assault from battery in healthcare?

• A. Assault is the threat of harmful contact; battery is the actual unlawful contact; performing a procedure without consent can be battery.
• B. Assault and battery are the same.
• C. Battery is a threat; Assault is actual contact.
• D. Assault is legal if informed consent is obtained.

Answer: (D)

In healthcare, the distinction hinges on threat versus actual contact and how consent changes the legality. Assault is the threat or attempt to cause harmful contact that would cause someone to fear imminent harm. Battery is the actual unlawful physical contact. When a patient gives informed consent, the procedure is authorized, so the ensuing contact isn’t unlawful and isn’t considered battery. In other words, consent removes the illegality of the contact, turning what could be an assault or battery into legitimate care. Without consent, performing a procedure could constitute unlawful contact.