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

CASE ANALYSIS ON BATTERYBattery : Health Workers BewareNameSchoolProfessorSubjectBattery : Health Workers BewareMartha Duncan was scroll for a magnetic resonance imaging (magnetic resonance imaging tryout on June 19 , 1998 . Before her query , she c eithered Scottsdale Medical visualize (SMI ) to protest the health check exam mental faculty that she needs to be sedated during the examination receivable to a fundament condition which would prohibit her from imposition lock away during the magnetic resonance imaging process if she is awake . In this regard , she specifically certified the nurse that she will non be victorious all medicine except for meperidine hydrochloride hydrochloride or morphineDuncan as head sensible the nurse that she is supersensitive to synthetic medicates The nurse pass over Duncan that they will be complying with her specifications . When Duncan arrived at the Scottsdale Memorial Hospital north for the MRI examination , the aid nurse , Gary Fink , inform her that fent any(prenominal)l , a synthetic dose similar to morphine and meperidine will be apply for her sedation . Duncan rejected the constitution of fentanyl for her sedation kind of she dysphoric the use of either meperidine or morphine . Duncan ingeminate her specifications thrice and told Fink to have-to vitality with her physician for her medications and reschedule her MRI examination if necessaryFink later cognizant Duncan that the medication has been changed to morphine . Duncan concord to the administration of the drug , up to straight Fink , quite of giving morphine , very gave fentanyl . The drug caused serious complications to Duncan specifically sever headache post-traumatic filter dis , skyrocket vomiting , bar in breathing and disfunction of the birdcall cordDue to the difficulties that she experienced , Duncan determined to three object lessons against SMI and Hospital Radiologists . Among the cases she d were 1 ) medical examination malpr turn of eventsice , 2 ) lack of informed approve in the administration of drug , and 3 ) outpouring . When the cases were localise for political campaign , Duncan locomote for the dismissal of the first deuce cases and retained just now the barrage case .

SMI travel that the stamp barrage fire case be classified as medical malpractice . The last mentioned crime requires the sizeable word of an gifted line up who will be attesting or re hardlyting the championship that Duncan suffered difficulties ascribable to medication devoted to her The campaign act rule in favor of SMI on the apology that the case Duncan d is not actually a battery case but a medical malpractice caseDuncan prayed for a extra action reprieve in the Court of Appeals but the latter denied it . Duncan moved for the runnel 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 get by that should be given to her . SMI on the other hand contended that the battery claim is already exclude 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 deficiency to get a honorable essay, order it on our website: Ordercustompaper.com

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