Arena v. Gingrich

Defendant Gingrich, a surgeon, operated on plaintiff to correct a hiatal hernia. Before doing so, he explained to plaintiff two alternative procedures for repairing such a hernia by wrapping and suturing a portion of the stomach to the esophagus. In fact, however, he eventually employed a third procedure, which entailed implanting in the patient an artificial device known as an Angelchik ring. Plaintiff sued for damages, alleging physiological and psychic injuries and claims for relief separately identified in the complaint as “negligence” and “battery.” A jury decided against plaintiff on…