Massachi v. Waldrep, et al.
Defendant Donald James Waldrep, M.D.’s unopposed motion for summary adjudication of Plaintiff Elinor Massachi’s second cause of action for battery is GRANTED.
In the complaint, Plaintiff alleged she was a minor at the time of the surgery/procedure (which took place on July 17, 2017) and, therefore, she was unable to consent to the surgery/procedure. (Complaint ¶¶58-64.) Defendant Donald James Waldrep, M.D. moves for summary adjudication of Plaintiff Elinor Massachi’s (“Plaintiff”) second cause of action for battery.
A cause of action for medical battery requires the following elements: (1) defendant performed a medical procedure without plaintiff’s consent; (2) plaintiff was harmed; and (3) defendant’s conduct was a substantial factor in causing plaintiff’s harm. (CACI 530A.)
“Our high court has made it clear that battery and lack of informed consent are separate causes of action. A claim based on lack of informed consent—which sounds in negligence—arise
Hearing Date
February 19, 2020
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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Massachi v. Waldrep, et al.
Defendant Donald James Waldrep, M.D.’s unopposed motion for summary adjudication of Plaintiff Elinor Massachi’s second cause of action for battery is GRANTED.
In the complaint, Plaintiff alleged she was a minor at the time of the surgery/procedure (which took place on July 17, 2017) and, therefore, she was unable to consent to the surgery/procedure. (Complaint ¶¶58-64.) Defendant Donald James Waldrep, M.D. moves for summary adjudication of Plaintiff Elinor Massachi’s (“Plaintiff”) second cause of action for battery.
A cause of action for medical battery requires the following elements: (1) defendant performed a medical procedure without plaintiff’s consent; (2) plaintiff was harmed; and (3) defendant’s conduct was a substantial factor in causing plaintiff’s harm. (CACI 530A.)
“Our high court has made it clear that battery and lack of informed consent are separate causes of action. A claim based on lack of informed consent—which sounds in negligence—arise