Shuler v. Garrett (Summary)

MEDICAL BATTERY

Shuler v. Garrett, No. 12-6270 (6^th Cir. Feb. 14, 2014)

The United States Court of Appeals, Sixth Circuit reversed the decision of the lower court in a suit alleging a claim of medical battery brought by the heirs of a deceased patient against the patient’s doctors and the hospital and clinic where the patient was treated.  According to the complaint, the patient died after being injected with heparin.  The patient was allergic to heparin and had
objected to receiving heparin on a number of occasions.  The lower court dismissed the plaintiffs’ medical battery claim, holding that medical injections were not “procedures” and “treatments” as required for a medical battery claim.  The Sixth Circuit reversed, concluding that an injection is a medical procedure for purposes of a medical battery claim and that the patient did not authorize the injection by giving a general authorization for an operation or course of treatment.