Cited Article

Surgery by an Unauthorized Surgeon as a Battery

Authors

Thomas Lundmark

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.”

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.

Article Publication Date

1996

Volume

10

Issue

2