Sanchez

BACKGROUND

Sanchez, a part-time phlebotomist, saw Dr. Grijnsztein, an allergist, because she was having difficulty tolerating gloves on her hands. Dr. Grijnsztein recommended a blood test to determine latex allergies and patch and skin prick testing to determine sensitivity to rubber products. Sanchez returned to Dr. Grijnsztein’s office to undergo the recommended testing. Dr. Grijnsztein saw Sanchez in Exam Room 7 and spoke with her about the tests. Sanchez refused the tests and Dr. Grijnsztein left the room. Thereafter, Sanchez informed staff members she had changed her mind, but when Dr. Grijnsztein returned to the exam room to perform the tests, Sanchez again refused and Dr. Grijnsztein again left the room. More than a month later, Sanchez returned to Dr. Grijnsztein’s office and Dr. Grijnsztein completed the skin prick test. More than a year after the testing, Sanchez sued Dr. Grijnsztein for assault, battery and intentional infliction of emotional distress. She also sued SMG, SMF and Sutter Physicians Alliance for negligence. Sutter Physicians Alliance filed a motion for summary judgment. Sanchez did not file an opposition, but instead filed an ex parte application seeking…