This section contains the nature of the case and procedural background.

Winter (P) was admitted to St. Francis (D) complaining of chest pains and fainting. Winter told his doctor he wanted “No Code Blue” indicating that Winter did not want to be resuscitated. Despite the order, P was resuscitated. Once lucid, he thanked the nurse. Two days later he suffered a stroke that paralyzed his right side. He was moved to another hospital and eventually sent to a nursing home. He remained partially paralyzed and enjoyed numerous visits and outings with his family. P died two years later, but before he did, he sued D for the failure to obey the No Code Blue. In Winter's (P) first appeal, the court of appeals concluded that there is no cause of action for 'wrongful living' and remanded for a determination of several issues related to traditional negligence and battery. In the second appeal, the court held that a patient may recover damages based upon the torts of negligence or battery for all the foreseeable consequences of the therapy, including the pain, suffering, and emotional distress beyond that which he normally would have suffered had the therapy not been initiated.

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