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Torts Keyed to Dobbs
Mullins v. Parkview Hospital, Inc.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff Mullins, before undergoing a hysterectomy at a teaching hospital, crossed out the portion of the consent form that consented to “the presence of healthcare learners” and received assurance from the attending anesthesiologist that she would personally handle the anesthesia. During the surgery, as soon as Mullins was unconscious, the anesthesiologist permitted a student, VanHoey, to practice intubation. It was VanHoey’s first day practicing on a live patients and she lacerated Mullins’ esophagus. As a result, Mullins required additional surgery and recuperation time. Mullins sued VanHoey, the gynecologist, the anesthesiologist, and both doctors’ practices for battery, among other claims. The trial court granted summary judgment for all defendants on all counts, the Court of Appeals held that Mullins had an actionable battery claim, and the Indiana Supreme Court reversed, finding that Mullins did not have an actionable battery claim.
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