BARNES, J.
Larz Elliott appeals the dismissal of his proposed medical malpractice complaint against Rush Memorial Hospital, Carrie Tressler, and Dr. Philip Kingma (collectively “the Defendants”). We affirm.
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The facts as alleged in Elliott’s proposed complaint are that on April 26, 2006, Rush County Sheriff’s Deputy Terry Drake transported Elliott to Rush Memorial Hospital. Deputy Drake represented that he had a court order authorizing the taking of a blood sample from Elliott. After a blood sample was taken, Deputy Drake requested that a urine sample also be obtained, and represented that this likewise was authorized by court order. After Elliott was unable to produce a urine sample through natural urination, Dr. Kingma ordered Tressler, a nurse, to obtain urine from Elliott by catheterization. Elliott was secured to a hospital bed by handcuffs and had his pants forcibly removed.
Tressler then inserted a fifteen-inch catheter through Elliott’s penis and into his bladder and obtained the urine sample. Elliott was not examined by any doctor before the catheterization occurred, no medical history of him was taken, the risks of the procedure were not discussed with him, and he was not given any follow-up instructions. There is no claim that the catheterization itself was done negligently.
On February 8, 2008, Elliott filed a proposed medical malpractice complaint with the State Department of Insurance against the Defendants. The proposed complaint alleged battery and negligence with respect to the forced catheterization. There is no indication in the record that Elliott has filed a separate ordinary civil complaint against the Defendants.1 On February 6, 2009, the Defendants filed with the trial court a motion for preliminary determination of law and to dismiss Elliott’s proposed complaint. On October 29, 2009, the trial court dismissed Elliott’s proposed complaint. It concluded that Elliott had not stated claims that required evaluation by a Medical Review Panel under the Act, and additionally that the Defendants were immune from any liability under Indiana Code Section 9-30-6-6. Elliott now appeals.
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We have held . . . that “a physician-patient relationship is necessary to bring claims under the procedures of the Act.” Peters, 790 N.E.2d at 576 (citing Weldon v. Universal Reagents, Inc., 714 N.E.2d 1104, 1110 (Ind. Ct. App. 1999)). It may not be entirely accurate to say that the Act requires the existence of a physician-patient relationship, since institutions and persons other than physicians may be sued under the Act. Rather, it is more correct to say we have held that the Act requires that a person’s medical treatment was sought out or was necessary for the person’s own benefit.
In Weldon, a woman responded to an ad from a blood bank for persons to donate plasma, which first required her to be immunized with certain antigens. After the woman developed a large hematoma at the site of these injections and contended that she was unaware the antigens would permanently change her blood, she filed a counterclaim against the blood bank in a suit originated by the blood bank. The trial court concluded that the woman’s claims fell under the Act, but we disagreed. We noted that there was no evidence the woman suffered from any medical condition or that she went to the blood bank in search of medical treatment or care. Weldon, 714 N.E.2d at 1109-10. We also noted that the antigen injection process was not intended to benefit the woman, but was solely for the benefit of persons who would receive the plasma donations. Id. at 1110. We concluded the woman was not a “patient” of the blood bank for purposes of the Act. Id.
Here, likewise, Elliott’s catheterization clearly was not for his own medical benefit. It was not related to any treatment he needed for any disease or injury, but was carried out solely for law enforcement purposes. Moreover, we believe Elliott’s situation presents an even stronger case for falling outside the Act than Weldon. Unlike the woman in Weldon, Elliott did not voluntarily submit to the medical procedure that is the basis of his claims against the Defendants. We reiterate that a “patient” is someone who has received or should have received health care “under a contract, express or implied . . . .” I.C. § 34-18-2-22. This wording implies either that the “patient” has voluntarily submitted to the provision of medical services, or has benefitted from such services. An express contract, after all, requires offer, acceptance, consideration, and at least two consenting parties reaching a meeting of the minds. See Conwell v. Gray Loon Outdoor Mktg. Group, Inc., 906 N.E.2d 805, 812-13 (Ind. 2009). An implied or quasi-contract, on the other hand, requires the provision of a benefit to a party at the party’s implied request, and a showing that equity demands payment to the party providing the benefit in order to prevent unjust enrichment. See Wenning v. Calhoun, 827 N.E.2d 627, 630 (Ind. Ct. App. 2005), trans. denied. The facts alleged are that Elliott did not consent to the catheterization, nor did he benefit from it or impliedly request that it be done. We must conclude Elliott was not a “patient” of the Defendants for purposes of the Act.4 The trial court, therefore, did not err in dismissing Elliott’s proposed complaint filed with the Department of Insurance.
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. . . The Defendants assert that because Dr. Kingma allegedly ordered Tressler to catheterize Elliott to obtain the urine sample that Deputy Drake had requested, they are immune from any civil liability because Tressler “[o]btain[ed] a blood, urine, or other bodily substance sample in accordance with this section.” I.C. § 9-30-6-6(b)(3).
Elliott contends that this statutory immunity does not apply because the urine sample was not obtained “in accordance with this section.” Id. He notes that subsection (g) of the statute places certain requirements that must be met before a physician or health care worker obtains a bodily substance sample at a law enforcement officer’s request. He argues that subsection (g)(2) was not complied with because there is no indication Deputy Drake certified in writing that he had probable cause to believe Elliott was operating a vehicle while intoxicated, and also did not certify that Elliott was involved in a vehicular accident resulting in death or serious bodily injury in the three hours before the sample was requested. Elliott also contends that subsection (g)(3) was not complied with because he alleges that the urine sample was obtained through the use of unreasonable force. Finally, Elliott also argues that forced catheterization is not a “medically accepted manner” of obtaining a bodily substance sample, as required by subsection (i) of the statute.
There is no reported decision in Indiana as to whether subsections (g) and (i) of Section 9-30-6-6 places limitations on when health care workers can claim immunity for obtaining a bodily substance sample at a law enforcement officer’s request. . . .
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Here, we cannot say the Defendants are entitled to statutory immunity against Elliott’s claims as a matter of law. We note that generally, a party asserting a claim of statutory immunity bears the burden of proving that it is entitled to such immunity. See, e.g., Madden v. Indiana Dep’t of Transp., 832 N.E.2d 1122, 1126 (Ind. Ct. App. 2005) (addressing immunity claims under the Indiana Tort Claims Act). The Defendants have not filed any pleadings or submitted any evidence that they obtained the necessary written certification from Deputy Drake under Section 9-30-6-6(g)(2) before forcibly catheterizing Elliott.
Moreover, although the Defendants argue otherwise, we believe Elliott’s proposed complaint presents legitimate questions of fact regarding whether a forced catheterization is a “medically accepted manner” for obtaining a urine sample, and whether the catheterization here constituted unreasonable force. . . .
The position that the trial court and the Defendants offer is that once a police officer requests a health care provider to obtain a bodily substance sample from someone, the health care provider has no choice but to comply, regardless of the circumstances. Particularly at this point in the litigation, we will not endorse such a broad sweep of immunity. We conclude that given all the circumstances of this case (as now alleged)—Deputy Drake’s compliance or non-compliance with the statutory procedures for requesting bodily substance samples, the fact that a blood sample already was taken, the precise circumstances surrounding Elliott’s inability or unwillingness to produce a urine sample through natural urination, and the discomfort and risks associated with catheterization—Elliott’s proposed complaint adequately presented issues as to whether a reasonable health care provider would have ordered and/or performed a forced catheterization.
In sum, we hold that Elliott’s proposed complaint adequately stated factual issues regarding whether Elliott’s urine sample was obtained pursuant to a written request meeting the dictates of subsection (g)(2), whether the taking of the sample constituted unreasonable force in contravention of subsection (g)(3), and whether forced catheterization constituted a “medically accepted manner” for obtaining a urine sample under subsection (i). The Defendants have not established that they are entitled to immunity as a matter of law under Section 9-30-6-6 against any civil claims Elliott might bring.
The trial court erred in concluding that the Defendants enjoy complete statutory immunity from any civil liability related to Elliott’s claims of battery and negligence. However, Elliott’s claims fall outside the parameters of the Act because he was not a “patient” of the Defendants. On that basis, we affirm the trial court’s dismissal of Elliott’s proposed complaint.
Affirmed.
BAILEY, J., and MAY, J., concur.