'Stop' Is Enough For Hospital Battery Suit, Mass. Court Says

Law360 (February 12, 2020, 4:02 PM EST) -- A patient asking a doctor to stop a medical procedure could sue for battery if the physician continues his or her work, according to a Massachusetts appeals court that says a case filed by the family of a terminal cancer patient can go forward against Brigham and Women's Hospital.

The court said doctors and other medical staff could be responsible for battery against a patient getting treatment or tests if the person asks to stop and it's feasible to do so, Appeals Court Judge Vickie L. Henry wrote in Tuesday's opinion.

"Here, a reasonable jury could find that saying stop or...

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