Facts

Schaeffer Ambulance Service Inc. Matt Henderson and Tecumsheh Givens performed emergency medical services and medical transportation to John Lippert. Givens, the driver of the ambulance, was directed by the mobile intensive care nurse (MICN) on duty at the hospital to perform a blood glucose test on Lippert. Henderson, as the attending paramedic, attempted to administer IV glucose to Lippert. Henderson "bl[ew] a vein" in his first attempt. His second attempt was successful and without any further incident

Lippert sued Schaeffer Ambulance, Henderson, and Tecumsheh for medical negligence and battery against Henderson. He claimed to have suffered injuries from the "blown vein" and that defendants failed to fully inform him of the consequences, failed to obtain informed consent prior to the needle being inserted into his arm, and failed to use reasonable care in inserting the needle into his arm.

Injuries

Lippert claimed that he suffered significant injuries to his arm and suffered from emotional distress as a result of the "blown vein."

Result

The jury found defendants were not negligent and found that Henderson did not commit battery on Lippert. Although the jury also found that Lippert did not give informed consent for the injection, the jury found that a reasonable person in his position would not have refused the injection had he been fully informed of the possible results and risks and alternatives to the glucose injection.

Other Information

The court granted the plaintiff's motion for a new trial on the issue of battery, as the jury did not fully decide the issue of consent. The granting of the new trial motion is now on appeal.