On May 8th 1977, Thomas Perna entered his local hospital after being guided there by his family doctor. He was going to have some urological tests done with a specialist by the name of Dr. Pirozzi. Perna had kidney stones, which is when a large calcium buildup with sharp edges tries to pass through a person’s small intestines. It is a very painful condition to have, and can lead to a lot of complications of the intestines. However, Dr. Pirozzi was part of a special medical group that commonly shared patients. All of members of that group knew of all the cases the others had, there was no case that belonged specifically to a particular person in the group. This lead to the possibility of you going into surgery thinking you would be operated on by one person, but then another enters the room.
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After the surgery however, Perna had to be readmitted to the hospital due to some complications that occurred during the surgery. Upon being readmitted, he learned that the doctor he thought was the one who performed the operation, was not the one who did it. Mr. Perna then filed a suit along with his wife for malpractice against all three of the doctors on the team. They filed four deviations from the standard medical procedures.
While yes, Mr. Perna did sign a medical consent form, the doctor who actually performed the surgery was not on the consent form. Therefore, it was an unauthorized invasion of Perna’s body, also known as battery.
In the long run, the court sided with Perna because whether or not the procedure was done correctly, it was done without the true consent of the patient. By allowing the other surgeon to perform the surgery instead of himself, Dr. Pirozzi was going against the true wishes of the patient. He let someone that the patient didn’t know go inside of the patient’s body to operate without pre-warning the
After the surgery however, Perna had to be readmitted to the hospital due to some complications that occurred during the surgery. Upon being readmitted, he learned that the doctor he thought was the one who performed the operation, was not the one who did it. Mr. Perna then filed a suit along with his wife for malpractice against all three of the doctors on the team. They filed four deviations from the standard medical procedures.
While yes, Mr. Perna did sign a medical consent form, the doctor who actually performed the surgery was not on the consent form. Therefore, it was an unauthorized invasion of Perna’s body, also known as battery.
In the long run, the court sided with Perna because whether or not the procedure was done correctly, it was done without the true consent of the patient. By allowing the other surgeon to perform the surgery instead of himself, Dr. Pirozzi was going against the true wishes of the patient. He let someone that the patient didn’t know go inside of the patient’s body to operate without pre-warning the