Massachusetts Appeals Court Revives Battery Claim Due To Patient’s Withdrawn Consent

Mealey's (February 24, 2020, 7:30 PM EST) -- BOSTON — A Massachusetts appellate panel on Feb. 11 recognized and reinstated a claim for battery under the theory of withdrawn consent in a suit brought by the family of a terminally ill cancer patient alleging that radiology technicians refused to stop an X-ray exam despite the patient’s pleas.  It also reversed the dismissal of the family’s claims for intentional infliction of emotional distress (Margaret V. Zaleskas, et al. v. Brigham and Women’s Hospital, et al., No. 18-P-1076, Mass. App., 2020 Mass. App. LEXIS 15)....