Wow! See this is not what I was looking for...

What is the name of your state?California

Look I am just a law student, not a lawyer! Jesus people are so freaking rude. I originally came here to find an answer to my own legal problem. "IamAlwaysLiable" offered me adivce to which I am thankful for, consequently it was information I already knew, but I was thankful nevertheless. Jetx started attacking me for my spelling and typos. The thing is I really have no interest in the 'one up' idea of internet debates. I feel whole heartedly that if you argue over the internet its like winning the special olympics, even if you win, well you know the rest.
ConsentLaw, your wise cracks are ignorant. I really dont think you went to pepperdine. I am so sorry I may have offered conflicting advice to that of my more experienced counterparts. But it sickens me to see people who argue about a 60 dollar claim. I think it should be said that the best legal advice is not necessarily what a lawyer has to say.
....Sorry I offended you guys, I was merely trying make a joke out of the ridiculous. Sorry I offended.

RandallFabiano said:

What is the name of your state?California

Look I am just a law student, not a lawyer! Jesus people are so freaking rude. I originally came here to find an answer to my own legal problem. "IamAlwaysLiable" offered me adivce to which I am thankful for, consequently it was information I already knew, but I was thankful nevertheless. Jetx started attacking me for my spelling and typos. The thing is I really have no interest in the 'one up' idea of internet debates. I feel whole heartedly that if you argue over the internet its like winning the special olympics, even if you win, well you know the rest.
ConsentLaw, your wise cracks are ignorant. I really dont think you went to pepperdine. I am so sorry I may have offered conflicting advice to that of my more experienced counterparts. But it sickens me to see people who argue about a 60 dollar claim. I think it should be said that the best legal advice is not necessarily what a lawyer has to say.
....Sorry I offended you guys, I was merely trying make a joke out of the ridiculous. Sorry I offended.

Click to expand...

**A: if you are going to be a lawyer, you really need to have better grammar and spelling. Better to have JETX remind you than the opposing counsel or even the presiding judge.

Now having said that...

Iamalwaysliable...
You are a california lawyer I see.
Now, the question is in the "Bommeredy" Decision the courts upheld that on its face, it is seemingly to me the same decisions and wording as Perry v shaw. If so, if the supreme court in its infinite wisdom has said that MiRCA shall not cover individual intentional torts then isn't that away around the "arising out of" professional negligence in section 3333.2.
My question is predicated upon if there is total lack of consent with no emergency exception and the implicit consent is vexed by a parent telling the nurse and doctor that I didnt want the proceedure and they proceeded anyway, isnt this the valid BAJi definition of battery. Infact I think it even appeals and affirms the same contextual ideas as civil battery. Which one do you claim?
I found in Ashton V. King that the mere touching absent consent is battery. So if we find that battery is the basis for the suit regardless of the precedent of the original negligence of the hospital or doctor to obtain consent.
I found that in Cobbs v Grant the primary concept of battery is when a doctor performs another proceedure than what was consented.
What happens when there is a total lack of any consent and a parent who emphatically refuses medical treatment or procedure and the doctor or nurse proceed otherwise?
My problem is that the hospital after the fact has lost his records and charts. They show my son there in the hospital but the records are missing after I called the main Executive Administrative attendent of the hospital. Where is my proof? They never had consent but how do I prove otherwise?
geeze...
I am quite the catch 22 of the hearsay concept...
My wife was there and we have since written a formal affidavit but will this hold water when there is no charts or medical records at all?

Sometimes IAAL breaks out into song,
Perhaps the words of Kenny Rodgers might be appropriate:
Kenny Rogers Lyrics

The Gambler

On a warm summer's evenin' on a train bound for nowhere,
I met up with the gambler; we were both too tired to sleep.
So we took turns a starin' out the window at the darkness
'Til boredom overtook us, and he began to speak.

He said, "Son, I've made a life out of readin' people's faces,
And knowin' what their cards were by the way they held their eyes.
And if you don't mind my sayin', I can see you're out of aces.
For a taste of your whiskey I'll give you some advice."

So I handed him my bottle and he drank down my last swallow.
Then he bummed a cigarette and asked me for a light.
And the night got deathly quiet, and his face lost all expression.
Said, "If you're gonna play the game, boy, ya gotta learn to play it right.

You got to know when to hold 'em, know when to fold 'em,
Know when to walk away and know when to run.
You never count your money when you're sittin' at the table.
There'll be time enough for countin' when the dealin's done.

Ev'ry gambler knows that the secret to survivin'
Is knowin' what to throw away and knowing what to keep.
'Cause ev'ry hand's a winner and ev'ry hand's a loser,
And the best that you can hope for is to die in your sleep."

And when he'd finished speakin', he turned back towards the window,
Crushed out his cigarette and faded off to sleep.
And somewhere in the darkness the gambler, he broke even.
But in his final words I found an ace that I could keep.

You got to know when to hold 'em, know when to fold 'em,
Know when to walk away and know when to run.
You never count your money when you're sittin' at the table.
There'll be time enough for countin' when the dealin's done.

ADVICE: Do a little more reading the faces and between the lines and expect to get trounced, better here than later. There is much to be learned here if you are open.

part one

Am I right here?
Claim of Medical and Civil Battery

The claim of battery as it pertains to the case of my son, an infant child, that redress is being sought is very simply stated and easy to understand: “no consent by defendant(s) that caused harm and injury is defined as Battery”. As it is defined; Battery is a violation of an individual’s freedom from intentional unlawful, harmful or offensive unconsented contacts with his or her person. (See Prosser, Torts (4th ed. 1971) § 9, pp.34-37.) The element of ‘lack of consent’ to the particular contact is the essential element. Since an infant is not lawfully able to give consent, the parents must permit and consent to the touching or treatment by the hospital, doctor, or nurse. “…doctor, nurse, hospital can not perform any medical treatment on a minor without the consent of the parent or guardian unless permitted by exceptions.” Ca Family Code Sec. 6901-6902
(See Implied Consent and Emergency Exceptions forthwith and included).

We shall take the legislature at its word and proceed with further defining plaintiff(s) claims. In Pari Materia, with such that the term battery is prima facie “Intentional Unlawful touching” and is a tort predicated upon the essential elements of a wrong committed, that but-for resulted in injuries that were not consented to. In the case of plaintiff’s claim of battery, in the absence of consent, battery occurred when patient was subjected to a transurethral catheterization that caused injury, both physically and emotionally to patient. Parents also suffered emotionally by the battery that was afflicted on their infant child by the Negligent Infliction of Emotional Distress Doctrine. Unconsented and unlawful touching occurs regardless of any perceived ‘implied consents’ in this case. When it was required that the nurse(s) hold down the patient against his and father’s will and insert the transurethral catheter to extract urine on the Doctors orders from the child’s bladder, direct battery occurred among other tort’s.

The common law has long recognized the principles of Battery that apply to this case: A physician who performs any medical procedure without the patient's consent commits a battery irrespective of the skill or care used. (Estrada v. Orwitz (1946) 75 Cal.App.2d 54, 57 [170 P.2d 43]; Valdez v. Percy (1939) 35 Cal.App.2d 485, 491 [96 P.2d 142]; Schloendorff v. Society of New York Hospital, supra, 211 N.Y. 125 [105 N.E. at p. 93]; see Union Pacific Railway Co. v. Botsford, supra, 141 U.S. at p. 252 [35 L.Ed.2d at pp. 737-738]; Mohr v. Williams (1905) 95 Minn. 261 [104 N.W. 12, 14- 15], overruled on other grounds in Genzel v. Halvorson (1957) 95 Minn. 261 [80 N.W.2d 854, 859]; Prosser on Torts (4th ed. 1971) § 18, pp 104-106; Rest.2d Torts, § 49.)

RandallFabiano said:

Iamalwaysliable...
You are a california lawyer I see.
Now, the question is in the "Bommeredy" Decision the courts upheld that on its face, it is seemingly to me the same decisions and wording as Perry v shaw. If so, if the supreme court in its infinite wisdom has said that MiRCA shall not cover individual intentional torts then isn't that away around the "arising out of" professional negligence in section 3333.2.
My question is predicated upon if there is total lack of consent with no emergency exception and the implicit consent is vexed by a parent telling the nurse and doctor that I didnt want the proceedure and they proceeded anyway, isnt this the valid BAJi definition of battery. Infact I think it even appeals and affirms the same contextual ideas as civil battery. Which one do you claim?
I found in Ashton V. King that the mere touching absent consent is battery. So if we find that battery is the basis for the suit regardless of the precedent of the original negligence of the hospital or doctor to obtain consent.
I found that in Cobbs v Grant the primary concept of battery is when a doctor performs another proceedure than what was consented.
What happens when there is a total lack of any consent and a parent who emphatically refuses medical treatment or procedure and the doctor or nurse proceed otherwise?
My problem is that the hospital after the fact has lost his records and charts. They show my son there in the hospital but the records are missing after I called the main Executive Administrative attendent of the hospital. Where is my proof? They never had consent but how do I prove otherwise?
geeze...
I am quite the catch 22 of the hearsay concept...
My wife was there and we have since written a formal affidavit but will this hold water when there is no charts or medical records at all?

Click to expand...

**A: why are you posting this stuff on THIS thread? Go back to your thread on the subject and post there.

what other thread...

Whats the point? this is just as good

RandallFabiano said:

Whats the point? this is just as good

Click to expand...

**A: Nope, you are not following directions and proper website forum posting protcol. Is that what you will tell the court when you file pleadings that are rejected?

Ha ha...

Yes because jurisdiction and this forum are similar. No, my friend I said I was a lawstudent not stupid. I already took that course... its applicable since the question has never been answered.

RandallFabiano said:

Yes because jurisdiction and this forum are similar. No, my friend I said I was a lawstudent not stupid. I already took that course... its applicable since the question has never been answered.

Click to expand...

**A: you are stupid. You should not have 2 threads going on the same subject matter. What don't you understand? You post one thread and stick to that initial thread. What is so hard about doing that?

C'mon

Because I post two different threads I am stupid. Is that the best you can say to answer my question?Maybe I should change my screen name to Iamalwaysstupid so that I can put a disclaimer to my liability for not being as informed of the forum rules as you. But you still have not answered the question. Cmon this should be an easyone for you, seeing as your so much smarter than me..

Randall,
Get a grip on yourself.
You are mixing your own agenda with everything you address.
Why don't you go back to where you asked your original question, for your own personal matter, restate just the question and then wait for others to answer you, answer their questions, don't do what chemelt did to confuse matters.

RandallFabiano said:

Because I post two different threads I am stupid. Is that the best you can say to answer my question?Maybe I should change my screen name to Iamalwaysstupid so that I can put a disclaimer to my liability for not being as informed of the forum rules as you. But you still have not answered the question. Cmon this should be an easyone for you, seeing as your so much smarter than me..

Click to expand...

My response:

I just saw this thread. I'm reading, and reading, and then I come to this, "Iamalwaysstupid".

Well, even if I wanted to continue this discussion, Randall, I certainly won't be doing that now. As far as I'm concerned, you're now wasting your time.

IAAL

Randall

In Kentucky when you first go to the hospital and it's not an emergency you have to register your kid and sign consent papers right there when you register them. So more then likely you signed consent papers when you register. Didn't you say in your other thread that it wasn't an emergency? Did you sign papers when you register your son? You should have got copies of the papers you signed. At least here in Kentucky we do.

no and see thats my case...

First above most, There was no papers signed what so ever. Never not even discharge papers. I keep trying to tell that to the lawyers and everyone says you must have signed consent... I am telling you, and I know its hard to believe but this was a hospital emergency room and there was No papers, no consent, no nothing.... In fact I refused treatment when it came to the cathter and they proceeded with ther test.
Consequently the hospital records only show that he was there but have no charge reports or anything on him.. They are saying that they unfortunately might have been misplaced. after I called... It seems very likely that something is strange here.... Wouldnt you agree