Avallon v. St. Luke’s-Roosevelt Hosp. Center 2005 WL 3115254 (NY Sup. App. Term, November 21, 2005) Parties: Plaintiff – Avallon, – Patient treated for hernia operation Defendant –St Luke’s Roosevelt Hospital Center – Hospital where anesthesiologist worked. Facts: D administered general anesthesia instead of local anesthesia which was agreed to by P which made him unconscious for two hours while going for a hernia operation. P claims that since he was under general anesthesia he was unconscious for 23 min longer and this prolonged unconsciousness delayed his recovery. Procedural Posture: P filed action for battery, assault, false imprisonment and negligence. Issue: Whether P has a claim for assault, battery, false imprisonment and negligence? Holding: No. Ruling: The court denies all the P’s claims Legal Reasoning: Battery / Assault Claim P signed a “consent to anesthesia” form which authorized D to administer any anesthesia that they deemed necessary. False Imprisonment Claim P failed to establish the essential elements that P was conscious of his confinement or that the confinement wasn’t consented to. Negligence Claim No proof that D was negligent in administering general anesthesia instead of local anesthesia resulting in physical or psychological injury.
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