Surgery by an Unauthorized Surgeon as a Battery

(1997) 11 Journal of Law and Health 287-296

Posted: 15 Oct 2020

See all articles by Thomas Lundmark

Thomas Lundmark

University of Hull - School of Law; University of Münster

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Date Written: 1997

Abstract

This is a case of" ghost surgery," surgery by a surgeon that the patient has not consented to. Ghost surgery is a ground for disciplinary action. The patient also has a cause of action for the emotional distress inflicted by the substitution. But should she also have a cause of action for battery, which would allow recovery even for the normal and foreseeable effects of the surgery?

Suggested Citation

Lundmark, Thomas, Surgery by an Unauthorized Surgeon as a Battery (1997). (1997) 11 Journal of Law and Health 287-296, Available at SSRN: https://ssrn.com/abstract=3680519

Thomas Lundmark (Contact Author)

University of Hull - School of Law ( email )

University of Hull
Hull, HU6 7RX
United Kingdom

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