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A University of Saint Francis student in the emergency medical technician program at Parkview Hospital, cannot be sued for participating in a botched procedure, ruled the Indiana Supreme Court, on Wednesday.

However, a medical malpractice lawsuit can proceed against the two doctors and their individual practices.

The patient proceeded with a lawsuit after the student tore her esophagus during a surgery in 2000. One of the doctors in the suit tried to intubate her. But the damage required another surgery and she had to stay in the hospital for over a month to recover.

Weeks prior to the procedure, her surgeon, had provided her with informed consent documents on which she indicated she did not want students in the operating room.

The judge granted summary judgment for the defendants, ending the suit without going to trial. But, in 2005, the Indiana Court of Appeals ruled the case could go forward against the student, employees and doctors.

The ruling on Wednesday grants summary judgment to the student, saying there is no evidence that the student intended to harm the patient.

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