Lack of Consent in Hospital's Use of X-Ray Found Reckless
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Medical Malpractice Accident & Injury Personal Injury Lawsuit & Dispute Lawsuit
Summary: Blog post about a plaintiff who sued a hospital for not getting consent to perform an x-ray on her and subsequently injuring her.
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Plaintiff patient filed a second revised complaint against defendant hospital and set forth five counts sounding in medical malpractice, intentional assault and battery, negligent assault and battery, recklessness, and fraudulent misrepresentation of medical records. The hospital filed a motion to strike the counts of recklessness and fraudulent misrepresentation of the medical records.
In response to the patient's suit alleging medical malpractice, intentional assault and battery, negligent assault and battery, recklessness, and fraudulent misrepresentation of medical records, the hospital filed a motion to strike the counts of recklessness and fraudulent misrepresentation. The court denied the motion to strike. The court found that, after construing the complaint in a manner most favorable to the patient, there was a sufficient factual basis to support a cause of action for recklessness because the hospital's employees performed an x-ray examination on the patient without her consent and over her objection. Concerning the assertion of fraudulent misrepresentation, the court found that, if true, the facts stated by the patient in her allegation were sufficient to support the claim. The court denied the hospital's motion to strike two counts of the complaint.
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Source: Woolcock v. Sharon Hosp., 1996 Conn. Super. LEXIS 39 (Conn. Super. Ct. Jan. 11, 1996)
