In the event of forcibly inserting a nasogastric tube against a patient's wishes, the nurse can be held liable for which tort?

• A. Negligence
• B. Battery
• C. Damages
• D. Malpractice

Answer: (B)

Consent is essential for any medical procedure. Forcibly inserting a nasogastric tube against a patient’s wishes involves intentional, nonconsensual contact with the patient’s body. That is the essence of battery—the intentional and offensive touching of another person without consent. The act itself is problematic regardless of whether physical injury occurs; the lack of consent makes the conduct inherently improper and provides a basis for civil liability.

Negligence or malpractice would require a failure to meet the standard of care, resulting in harm. This scenario centers on nonconsensual contact rather than a professional error in judgment, so those torts aren’t as fitting. Damages refer to the harm or compensation sought, not the type of tort. While there could be other issues, such as false imprisonment if restraints were used, the core tort here is battery because of the nonconsensual, intentional touching.