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.
Monday, September 8, 2008
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