79. A phlebotomist touches a patient's arm and begins to perform venipuncture before obtaining consent from the patient. Which of the following torts has the phlebotomist committed?
Answer: A
Battery
The phlebotomist has committed battery by performing venipuncture without obtaining consent from the patient. Battery is defined as the unlawful physical contact with another person, and in this case, the act of touching the patient and drawing blood constitutes such contact.
A) Battery
This option is correct because battery involves intentional and non-consensual physical contact. Since the phlebotomist initiated the procedure without the patient's consent, this act qualifies as battery under tort law.
B) Libel
Libel refers to a false statement made in writing that damages a person's reputation. This option is incorrect as it does not relate to physical contact or consent, which are central to the situation described.
C) Fraud
Fraud involves deception for personal gain, typically involving false representations. This option is incorrect because the scenario does not involve deceit or misrepresentation; rather, it concerns the lack of consent.
D) Invasion of privacy
Invasion of privacy pertains to the unauthorized intrusion into someone's personal life or affairs. While the act of drawing blood without consent may have privacy implications, it is more accurately categorized as battery due to the physical contact involved.
Conclusion
Battery is the definitive answer as it encompasses the unauthorized physical contact executed by the phlebotomist when performing venipuncture without consent. All other options fail to address the key components of physical interaction and consent, thereby rendering them irrelevant in this context.