Grabowski v. Quigley

1.      Grabowski v. Quigley

a.       P consented to D to perform a back surgery. P later found that D did not perform the surgery, but rather D’s colleague performed it. P sued for battery.

b.      P was NOT in an emergency situation; AND P did NOT give consent to anyone to perform the surgery the way it happened. Therefore, D is liable for battery.

2.      ʃ 52. Consent: to whom given

a.       Comment b. There are many cases in which a patient gives consent to the hospital, rather than a specific doctor. This way, the hospital has been given consent for an agent of the hospital to perform the surgery.