ILNews

Court upholds dismissal of battery claim against medical student

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrint
An emergency medical technician student sued for battery after incorrectly performing a procedure on a patient did not commit battery, the Indiana Supreme Court has decided.

The 5-0 decision came in W. Ruth Mullins and Johnce Mullins, Jr. v. Parkview Hospital, Inc., et al., http://www.in.gov/judiciary/opinions/pdf/05020701fsj.pdf, No. 02S04-0608-CV-292, reversing a Court of Appeals decision that the student had battered patient Ruth Mullins, who was undergoing a hysterectomy in 2000 at Parkview Hospital in Fort Wayne. During the procedure, the student, LaRea VanHoey, performed an intubation and lacerated her esophagus, despite Mullins' lack of consent to have a student in the operating room. She had a second surgery to correct the procedure.

A medical review panel dismissed a subsequent malpractice action against the hospital and surgeons and, because the Indiana Malpractice Act doesn't apply to students, the Mullins initiated this battery claim against VanHoey and the other parties.

The trial court granted summary judgment to all defendants because of no evidence the student intended harmful contact with the patient, but the Court of Appeals reversed that decision in June 2005 to all defendants except Parkview Hospital. The court held that the couple had sufficiently stated a battery claim against the student and physicians.

"We disagree," Justice Frank Sullivan wrote in Wednesday's decision, relying on the Restatement (Second) of Torts §13 (1965), which provides in part that an actor is "subject to liability to another for batter if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact."

Justice Sullivan wrote, "Because there is no genuine issue of material fact as to VanHoey's intent to cause a harmful contact with Ruth (Mullins), VanHoey was entitled to summary judgment on the Mullinses' battery claim."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT