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Re: Blood Feud From: DoctorJoe@aol.com Fri Mar 5 06:13:33 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: art fougner, md: "GEN: Patients with Sickle Cell Disease Should Be Screened For Pulmonary Hypertension" Previous message: Len2976@aol.com: "Re: Pitocin administration" Maybe in reply to: Dean Huffman: "Blood Feud" Next in thread: Dr. John Provatopoulos B.Sc. M.D.C.M. F.R.S.C.: "Re: Blood Feud" Reply: Dr. John Provatopoulos B.Sc. M.D.C.M. F.R.S.C.: "Re: Blood Feud" In a message dated 3/4/04 19:14:47, dean@thehuffpeople.net writes: > > Blood Feud > > Miami Daily Business Review > > In what may be the first suit of its kind, an adult Jehovah's Witness who > received a blood transfusion after he allegedly refused it on religious > grounds is accusing the hospital of falsification of medical records and > battery, based on "trespass" against his body. Claims based on provision of > medical services without proper consent are typically framed as medical > malpractice, but a battery claim could sidestep Florida's new med-mal > damages cap. > Depending on the wording, medical BATTERY is distinct from medical malpractice and may NOT be covered by statutory caps. Most states have caselaw on medical battery as a separate entity, usually defining it as NO-CONSENT medical treatment, or medical treatment for something significantly different than what has been consented to. It's not the same as negligence in providing the treatment that WAS consented to. Joe P. Next message: art fougner, md: "GEN: Patients with Sickle Cell Disease Should Be Screened For Pulmonary Hypertension" Previous message: Len2976@aol.com: "Re: Pitocin administration" Maybe in reply to: Dean Huffman: "Blood Feud" Next in thread: Dr. John Provatopoulos B.Sc. M.D.C.M. F.R.S.C.: "Re: Blood Feud" Reply: Dr. John Provatopoulos B.Sc. M.D.C.M. F.R.S.C.: "Re: Blood Feud"

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