A signed consent form indicated a client should have an electromyogram. If the procedure is performed contrary to signed consent, which offense best describes the action?

• A. Neglect
• B. False imprisonment
• C. Assault and battery with deliberate intent to deviate from the consent form
• D. Battery without consent

Answer: (C)

When a patient’s autonomous decision to authorize a procedure is ignored, the act violates informed consent and constitutes unconsented touching. If the provider not only touches but does so with clear intent to go beyond what was signed, the situation includes both the harmful contact (battery) and the intentional disregard of the patient’s rights (assault). Performing an electromyogram in direct opposition to the signed consent fits best as assault and battery with deliberate intent to deviate from the consent form, because it captures both the unauthorized contact and the purposeful violation of the recorded consent.

Neglect describes failing to provide care, which isn’t the act here. False imprisonment involves restricting a patient’s freedom, which isn’t at issue. Battery without consent covers unconsented touching but doesn’t highlight the deliberate intent to exceed what was consented to, which is explicitly addressed by naming both assault and battery with intentional deviation from the signed consent.