What is considered assault in a medical setting?

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In a medical setting, assault is defined as the act of threatening to inflict harm on a patient, which creates a reasonable fear of imminent harm. The emphasis is on the intent and perception of the threat, regardless of whether physical injury actually occurs. By threatening a patient, a healthcare provider may instill fear and anxiety, which breaches the duty of care owed to the patient.

While physically injuring a patient relates to another form of liability, known as battery, the key distinction in the context of assault is the act of making the patient feel threatened. Similarly, performing a procedure without care or failing to treat a patient in a timely manner do not explicitly align with the legal definition of assault, as these may fall under negligence rather than a direct threat or intentional harm.

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