Cardwell v. Bechtol

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that failure to comply with standard of care when obtaining informed consent constitutes battery
• stating that Tenn.Code. Ann. § 29-26-115 codifies the common law elements of negligence
• finding that the trial court did not err in granting a motion for directed verdict on the issue of malpractice because, at the close of the plaintiff’s proof, “no admissible expert testimony existed on the record” regarding the standard of care
• noting that battery and malpractice are distinct theories of liability
• “[I]t would rarely, if ever, be reasonable, absent an applicable statutory exception, for a physician to treat a minor under seven years” without parental consent.
• “[B]attery and malpractice ... are not ordinarily inconsistent, and no election of remedies is generally required.”

Source: CourtListener parenthetical corpus (CC0).