Kennedy v. Parrott

Dr. Parrott (defendant) diagnosed Kennedy (plaintiff) with appendicitis and, during the resulting surgery, discovered and punctured ovarian cysts he believed were medically necessary to address since they could otherwise become dangerous; Kennedy later developed phlebitis, which Parrott openly acknowledged resulted from a blood vessel he'd cut while addressing the cysts, and helped arrange further treatment for it. Kennedy sued, ultimately resting her theory not on negligence — for which she offered no real evidence of bad judgment or damages — but on battery or trespass on the person, arguing Parrott exceeded the scope of her consent by addressing the cysts without asking her first. Expert witnesses confirmed puncturing the cysts was medically indicated, and the trial court granted Parrott's motion for involuntary nonsuit.