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Avallon v. St. Luke's-Roosevelt Hosp. Center

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					                       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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posted:9/30/2010
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