Monday, September 8, 2008

Ashcraft v. King

Ashcraft v. King
228 Cal.App.3d 604, 278 Cal.Rptr. 900 (1991)

Facts: Woman consented to an operation as long as any required blood transfusions were made from family donated blood; hospital took family blood but used the hospital stores anyway. Woman got AIDS from the HIV positive blood the hospital used.

Procedure: (It's an appellate court, but the procedural history isn't explicit.)

Issue: Was it a battery, or did she consent?

Holding: Battery.

Reasoning: Her consent had limits; their behavior went beyond it.

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