[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/consent-can-elective-surgery-become-assault-and-battery\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/consent-can-elective-surgery-become-assault-and-battery\/","headline":"Consent: Can Elective Surgery Become Assault and Battery under Georgia Law?","name":"Consent: Can Elective Surgery Become Assault and Battery under Georgia Law?","description":"Consent: Can Elective Surgery Become Assault and Battery? When people complain about doctors it\u2019s usually because of what they\u00a0won\u2019t\u00a0do. They won\u2019t prescribe a medicine, they won\u2019t run a certain test, sometimes they won\u2019t even\u00a0listen.\u00a0 But in the case of plastic surgeon Dr. Andrew Ordon, star of the syndicated reality show \u201cThe Doctors\u201d, the opposite may… Continue reading Consent: Can Elective Surgery Become Assault and Battery under Georgia Law?<\/span><\/a>","datePublished":"2018-10-31","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2018\/10\/can-elective-surgery-become-assault-and-battery-under-georgia-law.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2018\/10\/can-elective-surgery-become-assault-and-battery-under-georgia-law.jpg","height":1200,"width":1600},"url":"https:\/\/butlerfirm.com\/blog\/consent-can-elective-surgery-become-assault-and-battery\/","about":["Medical Malpractice","Personal Injury"],"wordCount":850,"articleBody":"Consent: Can Elective Surgery Become Assault and Battery?When people complain about doctors it\u2019s usually because of what they\u00a0won\u2019t\u00a0do. They won\u2019t prescribe a medicine, they won\u2019t run a certain test, sometimes they won\u2019t even\u00a0listen.\u00a0 But in the case of plastic surgeon Dr. Andrew Ordon, star of the syndicated reality show \u201cThe Doctors\u201d, the opposite may be true. A California woman says the good doctor gave her much more than she asked for.Medical Assault & Battery?She alleges that in 2016 Orton saw her to correct an uneven left breast.\u00a0They both agreed that a \u201cfat transfer\u201d would be the best option.\u00a0Fat transfer, or \u201cfat grafting\u201d, is a relatively new procedure in breast augmentation.\u00a0It involves removing fat tissue from certain areas of the body by liposuction. Fat might come from the thighs, buttocks, or belly.\u00a0The tissue is then processed into a liquid and injected into the breast to fix problems of shape, balance, or position.The woman scheduled the procedure but alleges that\u2019s when the trouble started.\u00a0 In her lawsuit she claims the doctor tried to \u201cup sell\u201d her on the more common technique of full breast augmentation, using implants. She refused.\u00a0 After the procedure the woman woke up in shock to find both her breasts containing new implants with Dr. Ordon allegedly assuring her that she and her husband would be happier. She followed up by suing for assault and battery, intentional infliction of emotional distress, and medical expenses for removing the unwanted implants.What Is Consent?Most doctors will only do what they believe is in their patient\u2019s best interests.\u00a0But where is the ethical line between what the patient wants, and what the doctor thinks is best?\u00a0The authority a doctor has to touch your body, perform surgery, and administer medicine is governed by a legal doctrine called\u00a0informed consent. It\u2019s a simple concept that goes like this: you must agree (usually in writing) to the doctor\u2019s treatment, whatever that might be. What\u2019s more important is your consent must be \u201cinformed\u201d. In other words, you have to clearly understand exactly what the doctor is going to do.\u00a0The doctor can go no further than your consent allows (except in cases where your life may be in jeopardy).If you\u2019ve ever undergone surgery you may remember a long form, with lots of fine print, detailing what the doctor would be doing.\u00a0It also listed the possible outcomes and side effects of the procedure. This document is supposed to educate the patient so their consent can be knowing and informed.Lawsuit: Assault, Battery, and Intentional Infliction of Emotional DistressClearly, the woman from California and Dr. Ordon were in a very different situation.\u00a0She neither wanted nor consented to breast implants. Her lawsuit claims \u201cassault and battery\u201d a phrase anyone who\u2019s watched a police drama has heard before.\u00a0But what exactly is \u201cassault\u201d and what is \u201cbattery\u201d?\u00a0The answer varies by jurisdiction, but a simple definition of assault goes like this:\u00a0intentionally\u00a0putting another person in\u00a0reasonable\u00a0apprehension of an imminent harmful or offensive contact. \u201cApprehension\u201d doesn\u2019t mean fear, it means the person believes that something is going to happen\u2014in this case unwanted contact.\u00a0Was the woman ever in \u201capprehension\u201d of unwanted contact?\u00a0She was asleep when the doctor inserted implants so perhaps not.A \u201cbattery\u201d is defined as: harmful or unwanted contact with another person. Inserting unwanted implants clearly falls into the category of an unwanted touching. Score one for the woman from California.What about intentional infliction of emotional distress (sometimes called \u201coutrage\u201d)? The legal definition is this: a person acting abominably or outrageously with the intention of causing another to suffer severe emotional distress.\u00a0Did the doctor want his patient to feel this way? Probably not, but the legal standard is what a \u201creasonable person\u201d would expect to be the outcome of such a bad act. Performing an unwanted surgery that dramatically changes a woman\u2019s appearance probably qualifies. In other words, a reasonable person would understand the effects of an unwanted surgery on a patient\u2019s emotions.In this case, the woman alleges she suffered complications in the form of bleeding in her breast capsule and had to pay to have the implants removed. If she proves the doctor performed the surgery without her consent he will likely have to paid for these expenses.Medicine and the LawIt\u2019s true that in most cases you can trust your doctor. They are trained professionals and undergo vigorous testing and supervision.\u00a0They adhere to strict ethical standards and typically have your best interests in mind. But don\u2019t forget that you ultimately control your medical treatment.\u00a0You get to decide what happens to your body.\u00a0If you don\u2019t understand a doctor\u2019s treatment, ask questions until you do understand or see another doctor.\u00a0You must trust the person in charge of your medical care and if at any time you feel you don\u2019t, it\u2019s time to pause and find another professional to help you."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Consent: Can Elective Surgery Become Assault and Battery under Georgia Law?","item":"https:\/\/butlerfirm.com\/blog\/consent-can-elective-surgery-become-assault-and-battery\/#breadcrumbitem"}]}]