Cited Article
Surgery by an Unauthorized Surgeon as a Battery
Case Citation
Howard v. Univ. of Med. & Dentistry of N.J., 800 A.2d 73 (N.J. 2002)
Background
Holding that "[i]n medical malpractice action based upon physician's alleged misrepresentation of his experience and credentials, supreme court ruled patient and wife's compliant could not include deceit claim, but could include lack of informed consent.”
Article Publication Date
1996
Volume
10
Issue
2
Citing Quote
Here, defendant explained the procedure, its risks and benefits, and the alternatives to the surgery. He then performed the procedure; another person did not operate in his stead as in the "ghost surgery" scenario. See Thomas Lundmark, Surgery by an Unauthorized Surgeon as a Battery, 10 J.L. & Health 287 (1995-1996) (defining ghost surgery as "surgery by a surgeon [to whom] the patient has not consented"). The facts in Perna simply are not helpful here.