Surgery by an Unauthorized Surgeon as a Battery
(1997) 11 Journal of Law and Health 287-296
Posted: 15 Oct 2020
Date Written: 1997
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?
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