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Mullins v. Parkview Hospital, Inc.

Indiana Supreme Court

865 N.E.2d 608 (2007)

Relevant factsFree

Mullins (plaintiff) told her gynecologist before her hysterectomy that she required privacy, crossed out the section of her consent form permitting medical students to attend, and received a promise from her anesthesiologist that he would personally handle her anesthesia; during the procedure, the anesthesiologist nonetheless let medical student VanHoey practice intubation on Mullins, and VanHoey's attempt injured her. Mullins sued Parkview Hospital and VanHoey (defendants) for battery; the trial court granted the defendants summary judgment, but the court of appeals ruled for Mullins.

IssueFree

Whether a person must intentionally cause a harmful or offensive touching of another to be liable for battery.

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