(App.2001). Summary judgment is proper if no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Orme Sch., 166 Ariz. at 309, 802 P.2d at 1008; Ariz. R. Civ. P. 56(c)(1). ¶ 57 “A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery.” AR dure consented to becomes a battery.” Hales [v. Pittman], 118 Ariz. [305,] 310, 576 P.2d [493,] 498 [(1978)]. Duncan, 205 Ariz. at 311, ¶ 16, 70 P.3d at 440. ¶ 58 “[W]hen a patient gives limited or conditional consent, a health care provider has committed a battery if the evidence shows the provider acted with willful disregard of the consent given.” Id. at ¶ 18; see also Meretsky v. Ellenby, 370 So.2d 1222, 1224 (Fla.Dist.Ct.App.1979) (<HOLDING>). ¶ 59 Plaintiffs argue and the superi- or
holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave holding a jury question existed as to whether a patient consented to an operation and whether the operation received was substantially similar to the operation to which the patient consented so as to be within the scope of the consent holding that when a physician allegedly ignored the instructions of a patient and operated on the tip of the patients nose causing a turned up nose the patients general consent to rhinoplasty was not conclusive proof the patient had consented to the additional work and an action for battery could be brought holding that defendant medical center which allowed a patient who would likely cause bodily harm to his wife if he had the opportunity to leave the center for a weekend could be liable for the patients actions of killing his wife and her paramour during that weekend because inter alia when the course of treatment of a mental patient involves an exercise of control over him by a physician who knows or should know that the patient is likely to cause bodily harm to others an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient punctuation omitted emphasis supplied holding that an operation without the patients consent sounds in battery