medical battery Archives - Medical Malpractice Lawyers

Washington Appellate Court Revives Medical Malpractice Claim Against Anesthesiologist’s Employer

September 4, 2026

In November 2022, as a healthy 33-year-old, Xinnan Nancy Zhong underwent an egg-retrieval procedure to preserve her eggs until she was ready to have children. Before conducting the operation, her obstetrician directed her anesthesiologist to give her cefazolin, which is an optional prophylactic anti[...]

Indiana Appellate Court Tosses Failure To Honor DNR Case

October 28, 2023

In its August 21, 2023 Memorandum Decision, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “Because Stephen—an adult child—had coequal decision-making authority and because Stephen consented to placement of a feeding tube, we conclude Provider could not be li[...]

Georgia Appellate Court Affirms Failed Medical Battery Claim

June 5, 2021

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion dated May 21, 2021 that the trial court was correct in entering summary judgment for the defendant in a case where the plaintiff alleged medical battery. The plaintiff had alleged that in March 2016, he under[...]

California Appellate Court Affirms $9.25M Noneconomic Damages Award Where Surgeon Removed Portion Of Man’s Penis Without Consent

October 14, 2020

The September 11, 2020 published opinion of the Court of Appeal of the State of California Fourth Appellate District Division Two (“California Appellate Court”) affirmed the jury’s award of $9,250,000 in noneconomic damages for a medical battery claim where a surgeon removed a portion [...]

Michigan Appellate Court Affirms Battery And Negligent Supervision Claims Arising From Surgical Removal Of Ovary Were Medical Malpractice Claims

September 3, 2020

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated July 23, 2020 that the plaintiff’s battery and negligent supervision claims regarding the allegedly unauthorized removal of her ovary during surgery were sounded in medical mal[...]

Arizona Appellate Court Rules Surgeon May Be Liable For Battery For Upsizing Breast Implant

May 25, 2020

The Arizona Court of Appeals Division One (“Arizona Appellate Court”) ruled in its Memorandum Decision filed on April 7, 2020 that the trial court had improperly granted summary judgment to the defendant breast surgeon for the Arizona medical malpractice plaintiff’s claim that the [...]

Massachusetts Appellate Court Holds That Withdrawal Of Consent May Constitute Medical Battery

March 1, 2020

A Massachusetts Appellate Court held in its opinion filed on February 11, 2020, “We are required in this case to consider whether there is a viable cause of action for battery, in the medical context, based on withdrawal of consent. We conclude that there is. In a case such as this, which invo[...]

California Appellate Court Affirms Medical Malpractice Defense Verdict Where Patient Did Not Consent To Knee Surgery Performed But Jury Found No Harm

October 12, 2019

The Court of Appeal, Fourth Appellate District Division One State of California (“California Appellate Court”) held in its unpublished opinion filed on September 24, 2019 that “[w]hile in many cases, even most, a patient subjected to an unwanted surgery will easily be able to prove[...]

California Appellate Court Holds Discovery Rule Applies To Medical Battery Claims

September 24, 2019

The Court of Appeal of the State of California First Appellate District Division Five (“California Appellate Court”) held in its opinion filed on August 30, 2019 that the discovery rule applies to medical battery claims. Battery A battery is any intentional, unlawful and harmful contact [...]

Texas Appellate Court Rules Plaintiff Adequately Alleged Medical Battery Claim

November 28, 2018

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion issued on October 25, 2018: “We agree with appellees that their live pleading sufficiently pleads a claim for medical battery because it includes allegations that [the defendant oncologis[...]

Virginia Supreme Court Overturns Plaintiff’s “Wrong Breast” Surgery Medical Malpractice Win

August 15, 2017

In its opinion filed on July 27, 2017, the Supreme Court of Virginia (“Virginia Supreme Court”) reversed and remanded the Virginia medical malpractice jury’s verdict in favor of the plaintiff, who alleged that the defendant surgeon operated on both of her breasts after she withdrew[...]

Virginia Supreme Court Discusses Battery Claims In Medical Malpractice Cases

February 18, 2017

The Supreme Court of Virginia (“the Court”) issued an opinion on February 2, 2017 in which it determined that the action of a surgeon who had mistakenly fused the wrong level on the plaintiff’s cervical spine (operating on level C6-C7 instead of C5-C6) did not constitute a battery.[...]

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Tag: medical battery

Washington Appellate Court Revives Medical Malpractice Claim Against Anesthesiologist’s Employer

California Appellate Court Affirms $9.25M Noneconomic Damages Award Where Surgeon Removed Portion Of Man’s Penis Without Consent

Michigan Appellate Court Affirms Battery And Negligent Supervision Claims Arising From Surgical Removal Of Ovary Were Medical Malpractice Claims

California Appellate Court Holds Discovery Rule Applies To Medical Battery Claims

Virginia Supreme Court Discusses Battery Claims In Medical Malpractice Cases

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