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KENNEDY V. PARROT (N.C. App. 156.PARTIES & ROLES Kennedy, a patient, is suing Parrot, a doctor, for battery.FACTS P patient consulted D doctor and subsequently had surgery for apendiscitis. During the surgery D doctor discovered and removed cycsts from P patient's ovaries. A blood vessel was cut during the procedure and P patient developed phlebitis. Serious, injury; additional surjury; extreme pain.HIST T/Ct. verd. For the D doctor.
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ISSUE #1 Did the T/Ct. error in determining that D was not at fault for the plaintiff's phlebitis.DISP.#1 No. Verd. for D doctor.RULE #1 When a doctor acts with due care for their patients they are not guilty of negligently causing a patient injury.REASONS#.·Expert medical testimony demonstrated that due care was taken [medical science.ISSUE# Did the T/Ct. error in determining that D doctor did not commit a trespass/battery upon P patient since she did not consent to having the cycsts ruptured.DISP.# No. Verd. for D doctor.RULE# If a surgeon in the course of a procedure acts without the express consent of a patient in order to preserve their life or health and it is impracticable to obtain his consent or the consent of someone authorized to speak for him he has not commited a battery/trespass.REASONS #.·Anesthesia makes it impossible to obtain consent for necessary additional procedures after surgery has also began. [medical science.·It is common practice for doctors to be given increased authority over surgical procedures when patients are under anesthesia [medicine.·It is not possible to know the extent of a patients internal element until incisions are made. [medicine.·Unexpected occurrences arise during and incidental to surgery and good medical practice dictates a surgeon should use his knowledge and skill to the best of his ability to remedy it. [medicine.·If the surgeon had merely performed the appendectomy the cysts would have likely been punctured anyway. [medicine.·The puncturing of the cysts is accepted surgical practice for the procedure being performed. [medicine.·As surgical practices have evolved it has become necessary for the common law to evolve as well and allow surgeons more leeway. [legal theory.·The danger of not puncturing the cysts would be evident to any surgeon. [medicine/common sense]..
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