Banks Ex Rel. Estate of Banks v. Medical University

Chandler, Acting Chief Justice:

On appeal is an Order granting summary judgment to Respondents on Appellant’s causes of action for breach of contract, battery, and deprivation of civil rights under 42 U.S.C.A. § 1983. We affirm in part and reverse in part.

FACTS

Appellant Barbara Banks (Banks) brought her 8-year-old daughter, Phaedra, to Respondent Dr. Read’s office on December 8, 1989. The child was suffering from respiratory distress and intense hip pain. Dr. Read had her transported and admitted to the Medical University. Thereafter, she was examined and treated by Dr. Tecklenburg, Cochran,…