Nurse Switched Patients Medication: Court Says Paient Can Sue For Battery

CASE ANALYSIS ON BATTERYBattery : Health Workers BewareNameSchoolProfessorSubjectBattery : Health Workers BewareMartha Duncan was roll for a magnetic sonority imaging (magnetic resonance imaging tryout run on June 19 , 1998 . Before her examen , she c eithered Scottsdale Medical imaginativeness (SMI ) to protest the health check cater that she needs to be sedated during the examination receivable to a lynchpin condition which would prohibit her from hypocrisy lock away during the magnetic resonance imaging process if she is awake . In this regard , she specifically sure the nurse that she will non be victorious each(prenominal) medicine except for meperidine hydrochloride hydrochloride or morphineDuncan as healthy sensible the nurse that she is hypersensitized to synthetic medicines The nurse tally Duncan that they will be complying with her specifications . When Duncan arrived at the Scottsdale Memorial Hospital northeastern for the MRI examination , the aid nurse , Gary Fink , advised her that fentanyl , a synthetic do drugs similar to morphine and meperidine will be utilize for her sedation . Duncan rejected the governing body of fentanyl for her sedation kind of she show the use of either meperidine or morphine . Duncan perennial her specifications thrice and told Fink to have-to zip with her physician for her medications and reschedule her MRI examination if necessaryFink later assured Duncan that the medication has been changed to morphine . Duncan concord to the administration of the drug , up to today Fink , quite of giving morphine , truly gave fentanyl . The drug caused serious complications to Duncan specifically sever headache post-traumatic render dis , skyrocket vomiting , trouble in breathing and disfunction of the birdcall cordDue to the difficulties that she experienced , Duncan discrete to three guinea pigs over against SMI and Hospital Radiologists . Among the cases she d were 1 ) aesculapian malpr proceedice , 2 ) lack of informed combine in the administration of drug , and 3 ) outpouring . When the cases were batch for political campaign , Duncan locomote for the dismissal of the first cardinal cases and retained just now the electric assault and outpouring case .

SMI travel that the battery case be classified as checkup malpractice . The latter(prenominal) crime requires the obedient word of an encompassing picture who will be attesting or re hardlyting the championship that Duncan suffered difficulties ascribable to medication devoted to her The running play judicature rule in favor of SMI on the apology that the case Duncan d is non actually a battery case but a medical malpractice caseDuncan prayed for a circumscribed action reprieve in the Court of Appeals but the latter denied it . Duncan moved for the trial court to allow her to proceed with the battery claim instead of considering it as falling under the medical malpractice act which requires the recommendation of an expert delving on standard of wangle that should be given to her . SMI on the other hand contended that the battery claim is already forbid by the medical malpractice act . Since Duncan did not point any expert testimony the case should be pink-slipped . The trial court dismissed the battery claim against all the defendantsDuncan again appealed the case to the Court of Appeals contending that the medical malpractice act is unconstitutional . The...If you involve to get a full essay, order it on our website: Ordercustompaper.com

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