3. BATTERY Alexander v. Rask, 90 Or App 379, rev den, 306 Or 527 (1988). Patient brought a medical malpractice action against an oral surgeon alleging that the defendant was negligent in extracting her wisdom teeth. Trial court granted the defendant partial summary judgment as to the punitive damages claim and granted a directed verdict on the issues of failure to warn and battery. The jury returned a verdict for the defendants on other claims. Plaintiff argued that the trial court erred in granting a directed verdict on the battery claim because there was evidence to support a verdict that the defendant exceeded the scope of plaintiff’s consent in damaging her lingual nerve. An essential element of battery is intent to cause harm or offensive contact. Trial court did not err because there was no evidence that the defendant intended to touch or injure plaintiff’s lingual nerve.
								Chapter 4 CONDUCT NOT MEDICAL PRACTICE
			Chapter 2 APPEALS