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Originally Posted by deepimpact2
Yeah I was thinking battery as well. especially if they actually did do it on purpose and it wasn't a mix-up.
As for the latter argument, I think anyone would have to be careful in making such an argument because we can't have doctors taking matters into their own hands and deciding things for the patient that THEY think are better for the patient.
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That's why I went with Battery. With Battery, you get straight to punitives (without all those nasty medmal caps). With malpractice, since it's a negligence based claim, I'm pretty sure you have to prove damages to win.
I'm definitely not a medmal guy and don't (yet) do civil rights cases, although I'm planning on getting around to calling up the federal Bar's pro bono folks to do pro bono prisoner civil rights claims against the state.... so maybe in a couple years I'll revive this thread and wax eloquent on the requirements of 42 USC 1983, et. seq... but not today
