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Wednesday, May 02, 2007

Ind. Decisions - Another ruling from the Supreme Court today

The case is W. Ruth Mullins and Johnce Mullins, Jr. v. Parkview Hospital, Inc., et al. It is a 7-page, 5-0 opinion, written by Justice Sullivan. Some quotes:

With appropriate permission and supervision, an emergency medical technician student performed a procedure on a patient at the outset of surgery. The procedure was not performed correctly and the patient sued the student for battery. We hold that the trial court properly granted the student summary judgment because there was no evidence that the student intended the harmful contact with the patient, a requirement of the tort of battery. * * *

For the reasons discussed supra, we affirm the trial court’s grant of summary judgment to VanHoey. In all other respects, we summarily affirm the opinion of the Court of Appeals.

If you are planning to have surgery, I would suggest you read this decision.

Posted by Marcia Oddi on May 2, 2007 03:11 PM
Posted to Ind. Sup.Ct. Decisions