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CARTER v. PAIN CENTER OF ARIZONA, P.C.

No. 1 CA-CV 14-0672.

367 P.3d 68 (2016)

Christina CARTER, a married woman, Plaintiff/Appellant, v. The PAIN CENTER OF ARIZONA, P.C., an Arizona professional corporation; David K. Towns, M.D. and Gabriela Towns, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

February 2, 2016.

Attorney(s) appearing for the Case

Law Office of Craig Stephan By Craig A. Stephan, Scottsdale, Counsel for Plaintiff/Appellant.

Kent & Wittekind, PC By Richard A. Kent, Scott A. Ambrose, Phoenix, Co-Counsel for Defendants/Appellees.

Jones Skelton & Hochuli, PLC By Eileen Dennis GilBride, Phoenix, Co-Counsel for Defendants/Appellees.

Presiding Judge DIANE M. JOHNSEN delivered the opinion of the Court, in which Judge KENT E. CATTANI and Judge JOHN C. GEMMILL joined.

OPINION

¶ 1 Although a traditional civil battery claim requires proof the defendant intended to commit harm or offensive contact, a plaintiff suing for medical battery need not prove the defendant acted with such intent. In this case, a patient alleged a physician committed medical battery by disregarding her conditional...

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