Piedra

Introduction

Rey Piedra, an infant, suffered cardiac arrest, resulting in severe brain damage. Rey’s parents, Jesus Piedra and Agripina Arroyo, as Rey’s guardians ad litem, sued Rey’s treating physician, Dr. J. M. Dugan, for medical malpractice, negligent failure to obtain informed consent, and battery. The trial court granted a motion for nonsuit on the battery claim, and the jury found in favor of Dr. Dugan on the malpractice and informed consent claims.

We conclude the trial court did not err by granting the nonsuit motion on the battery claim. Dr. Dugan was unaware of any condition on the parents’ consent to treatment. Therefore, we hold the physician could not be hable for battery because he did not intentionally violate the condition on the consent while treating plaintiff. Given the jury’s verdict on the claim for lack of informed consent, even if the court erred in granting the nonsuit, any such error was harmless.

We also conclude there was substantial evidence to support the jury’s verdict on the claim for lack of informed consent; the trial court did not err in instructing the jury regarding the settlement between plaintiff and the other defendants; and the…