Winfrey v. Citizens & Southern National Bank

Shulman, Judge.

Appellant brought this suit in two counts against appellee-executor of deceased physician’s estate. Count 1 of her complaint sets forth a claim for assault and battery, alleging that executor’s surgeon, during the course of exploratory surgery, had performed a complete hysterectomy on appellant without her consent. Count 2 alleges a breach of the physician’s duty to obtain informed consent. Appellee, relying on the pleadings, depositions and the consent form signed by the appellant moved for and was granted summary judgment as to both counts. On appeal, we affirm the judgment.

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