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Re: Blood FeudFrom: Braun, R. Daniel (rbraun@iupui.edu)Fri Mar 5 08:49:23 2004
And may not be covered by insurance. Dan "Sound is like water. If you drill one hole in the wall the sound will leak right through." - JAY BRAUN, a band member by love, a soundproofer by necessity. -----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of DoctorJoe@aol.com Sent: Friday, March 05, 2004 8:18 AM To: Multiple recipients of list OB-GYN-L Subject: 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.
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