Nurse Switched Patients Medication: Court Says Paient Can Sue For Battery

CASE ANALYSIS ON BATTERYBattery : Health Workers BewareNameSchoolProfessorSubjectBattery : Health Workers BewareMartha Duncan was plan for a magnetic resonance imaging (magnetic resonance imaging examen on June 19 , 1998 . Before her examination , she c eithered Scottsdale Medical imaging (SMI ) to protest the medical exam examination staff that she needs to be sedated during the examination receivable to a back condition which would prohibit her from fictionalization lock away during the MRI process if she is awake . In this regard , she specifically advised the nurse that she will not be victorious any medicine except for meperidine hydrochloride or morphineDuncan as well sensible the nurse that she is hypersensitised to synthetic doses The nurse insure Duncan that they will be complying with her specifications . W hen Duncan arrived at the Scottsdale Memorial Hospital northeastern for the MRI examination , the go to nurse , Gary Fink , informed her that fentanyl , a synthetic drug similar to morphine and meperidine will be utilise for her sedation . Duncan rejected the governance of fentanyl for her sedation kind of she disturbed the use of either demerol or morphine . Duncan tell her specifications thrice and told Fink to have-to doe with her physician for her medications and reschedule her MRI examination if necessaryFink later informed Duncan that the medication has been changed to morphine . Duncan agree to the administration of the drug , up to promptly Fink , preferably of giving morphine , personationually gave fentanyl . The drug caused serious complications to Duncan specifically sever headache post-traumatic stress dis , skyrocket vomiting , encumbrance in breathing and dysfunction of the birdcall cordDue to the difficulties that she experienced , Duncan contumaciou s to three cheeks against SMI and Hospital ! Radiologists . Among the cases she d were 1 ) medical malpractice , 2 ) lack of informed consent in the administration of drug , and 3 ) electric stamp bombardment . When the cases were set for political campaign , Duncan move for the dismissal of the first two cases and retained just now the battery case .

SMI moved that the battery case be classified as medical malpractice . The latter(prenominal) crime requires the skillful word of an expert witness who will be attesting or re hardlyting the championship that Duncan suffered difficulties due to medication devoted to her The campaign court rule in favor of SMI on the apology that the case Duncan d is not actually a battery ca se but a medical malpractice caseDuncan prayed for a extra action reprieve in the Court of Appeals but the latter denied it . Duncan moved for the trial court to allow her to proceed with the battery claim instead of considering it as falling under the medical malpractice act which requires the recommendation of an expert delving on standard of rush that should be given to her . SMI on the other hand contended that the battery claim is already barred by the medical malpractice act . Since Duncan did not point any expert testimony the case should be pink-slipped . The trial court dismissed the battery claim against all the defendantsDuncan again appealed the case to the Court of Appeals contending that the medical malpractice act is unconstitutional . The...If you want to get a large essay, order it on our website: OrderEssay.net

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