A battery claim against a Pennsylvania hospital may proceed, a Lawrence County judge has decided, ruling that the hospital lacked consent to continue administering a test after the patient asked doctors to stop because she was in excruciating pain.
The crux of the matter before Court of Common Pleas President Judge Dominick Motto is whether the estate of Edith Eisenhuth had sufficiently pled a cause of action for the tort of battery. The defendant, Jameson Hospital, argued the case was one of professional negligence and, because the plaintiff estate administrator did not submit a medical expert report in the matter, the case should be dismissed on preliminary objections.
