Assault, Battery, Kidnapping, and False Imprisonment

What is assault?

Unlawfully placing a person in fear of immediate bodily harm.

Give an example of assault in EMS.

Threatening to restrain a patient who does not want to be transported.

What is battery?

Unlawfully touching a person, including providing care without consent.

Can assault and battery be civil or criminal?

Yes; civil lawsuits for battery are common in health care, criminal cases are rare.

Why are criminal cases of assault/battery rare in EMS?

Because intent to cause harm is usually absent; EMTs act in good faith.

What is kidnapping?

Seizing, confining, abducting, or carrying away a person by force.

Are criminal kidnapping charges common in EMS?

No; EMTs almost always act in good faith to provide care.

What is false imprisonment?

Unauthorized confinement of a person for an appreciable period of time.

Give an example of false imprisonment in EMS.

Refusing to let a patient out of an ambulance after they rescind consent.