with using the instru-
ment. But if you just
handed it to him and
said, "Check it, it may
be warm," you may be
viewed as not ade-
quately warning the
physician of the tem-
perature on the instru-
ment. If you have con-
cerns about some-
thing, say it clearly
and strongly.
Is this battery?
You're about to start an IV on a patient in pre-op. She holds out her
hand, so you stick the needle in, but she screams "Ow!" and pulls her
arm back. You keep going, though, despite her cries to stop. The IV
ended up turning out fine, but the patient felt violated by the incident
and accuses you of battery. Does she have a case?
Patients get to control what happens to their bodies. If you physical-
ly touch a patient without their consent, you can be accused of bat-
tery. The contact doesn't need to be violent, or even result in an injury
— it simply must be viewed as harmful or offensive to a reasonable
person. To commit battery, you need to have intended to perform the
act in question. You need to have been aware of the results of the act,
not the results of any injury or consequences. In our IV insertion
example, you may have had no intention of upsetting or injuring the
patient, but by proceeding with the attempt, you knew you were going
to make physical contact despite her pleas for you to stop.
D E C E M B E R 2 0 1 9 • O U T PA T I E N T S U R G E R Y. N E T • 2 3
• REVOKE THE POKE To avoid a battery complaint, always get consent from the
patient before an IV start — and always stop if they tell you to stop.
Pamela
Bevelhymer,
RN,
BSN,
CNOR
