Distinguishing negligence from intentional tort when a health care provider deviates from a patient's consent

A number of California appellate courts have held that a health care provider's unintentional deviation from a patient's consent will support a cause of action for "technical battery"--an intentional tort. This policy has allowed plaintiffs to circumvent California's statutory malpractice damage limits and seek punitive damages, thus posing a significant threat to the foundation of California medical malpractice tort law reform. The California Supreme Court recently acknowledged the problem and appears to be taking steps toward a solution.