A battery claim against a Pennsylvania hospital may proceed, a Lawrence County judge has decided, ruling that the hospital lacked consent to continue administering a test after the patient asked doctors to stop because she was in excruciating pain.
The crux of the matter before Court of Common Pleas President Judge Dominick Motto is whether the estate of Edith Eisenhuth had sufficiently pled a cause of action for the tort of battery. The defendant, Jameson Hospital, argued the case was one of professional negligence and, because the plaintiff estate administrator did not submit a medical expert report in the matter, the case should be dismissed on preliminary objections.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
