Kennedy v. Parrott - they find. What the surgeon did in...

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Kennedy v. Parrott 243 N.C. 355 (1956) Fact: Operative Facts: During an operation, a surgeon found a cysts on a lady’s left ovary. He punctured it, as standard of pratice, that surgeons do, and it caused her to have phlebitis. This caused her to have major leg problems, and she had to undergo major operations to fix it up. She is suing stating that she did not authorize him to puncture the cysts. Issue: Whether there was a battery, by puncturing the cysts on the left ovary. Rule: Battery is an unlawful act that causes offensive or harmful touching, without consent Rational: The court reasoned that, when a patient hands themselves to be preformed on by surgeons, then they give consent to fix any problem, espeically extremely hazardous ones that
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Unformatted text preview: they find. What the surgeon did in this case, although wasnt expressly consented on, was a standard pratice in the medical field and they were taught to do so, otherwise it would cause major problems in the future. Although she did not consent, the liability of the surgeon is more extended when they are preforming on the operating table. Holding: Narrow: When a surgeon finds a extingient hazardous risk in a patients body while preforming surgery, that is unexpected, they may take reasonable necessary measures to cure the patients Broad:When someone finds a life threatening danger on the victim, they may take resasonable measures to cure the problem. Synthesis: Dissent/Concurrences:...
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