Case: Mullins V. Parkview Hospital (2007)
Facts: At a teaching hospital, Mullins who is the plaintiff marked or ticked the section of approval form that consented to “the presence of healthcare learners”. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However, when Mullins was unconscious during the surgery, a student (VanHoey) was allowed by the Anaesthesiologist to perform intubation. Mullins’ oesophagus was lacerated by VanHoey as it was VanHoey’s first day practicing on a live patient.
The gynaecologist, the anaesthesiologist, VanHoey and the doctors’ were sued by Mullins for battery and other claims. A summary judgment was granted for the defendants by the trial court on