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Case Legal Brief EssayFacts At a teaching hospital, Mullins who is the plaintiff marked or ticked the section of approval form that consented to the posture of healthcare learners. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However, when Mullins was unconscious during the surgery, a student (VanHoey) was allowed by the Anaesthesiologist to complete intubation. Mullins oesophagus was lacerated by VanHoey as it was VanHoeys first day practicing on a live patient. The gynaecologist, the anaesthesiologist, VanHoey and the doctors were sued by Mullins for battery and other claims. A summary judgment was granted for the defendants by the trial motor inn on all counts. The Court of Appeals supported the Mullins claim, whereas the Indiana Supreme Court reversed, saying that the claim was not actionable.Brief Fact Summary VanHoey, a medical student lacerated the Oesophagus of Mullins during a surgery while performing intubation. Student i nvolvement was not approved by Mullins in her surgery. assault and battery and lost claim were filed by Mullins. Issue In addition to the intent to beget contact or touch, whether the intent to cause harm is required for the tort of battery claim. Holding Yes. Mullins could not prove that Vanhoey acted intending to cause harm, though VanHoey touched Mullins in a harmful and offensive manner without permission.VanHoey believed that she had the permission to perform intubation and was relying on her doctors authority. The court could not find an materialistic facts that could prove VanHoey wrong. Therefore VanHoey was entitled for the summary judgment. Rule Battery requires a harmful or offensive touching, without consent, with the intent to cause the resulting harm or offense. Discussion The opinion in this case proves that the actors intent to make contact or touch is not sufficient to claim for battery or lost. The intend to cause harm that results from touch by the actor should be proved.