Ghost Surgery may kill you ! Read on to know what can / does happen, more than you may think !
Ghost Surgery – A Crime performed on the unconscious !
Medical Definition of ghost surgery: the practice of performing surgery on another physician’s patient by arrangement with the physician but unknown to the patient.
This is a DIRECT, PERSONAL experience, not hearsay, consequences of which still prevail.
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Medical Negligence is a crime VERY difficult to prove since generally done behind closed doors of an Operation Theater. The guilty NEVER admit to their guilt, and even if caught go scot-free mostly – – numbers speak for themselves ! If the trend continues, next time it could be you/yours, God forbid !
The US Position :
No “malice” or intent to injure, however, is required to establish battery in general or specifically, “ghost surgery.” In Perna v. Pirozzi, 92 N.J. 446, 457 A.2d 431 (1983), the Supreme Court held that such a battery results when a medical procedure is performed by a “substitute” doctor regardless of good intentions. The Court there took notice of standards published by the Judicial Council of the American Medical Association, which read:
To have another physician operate on one’s patient without the patient’s knowledge and consent is a deceit. The patient is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. The surgeon’s obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation. It should be noted that it is the operating surgeon to whom the patient grants consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he or she contracts. The surgeon, in accepting the patient is obligated to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which he is required to perform personally.
……Ghost surgery “remains a battery even if performed skillfully and to the benefit of the patient.”
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