Onichimowski v. Perlstein

McGLYNN, J.,

This is a trespass action brought by Josephine Onichimowski and her husband against Dr. Samuel Perlstein, a dermatologist. The action sought damages for personal injuries, specifically scarring, sustained by Mrs. Onichimowski following minor surgery performed by Dr. Perlstein.

The complaint in trespass charged Dr. Perlstein with negligence in his performance of minor surgery and in operating without the patient’s informed consent. However, during the course of the trial, the negligence charge was dropped, and the only theory of liability that went to the jury was that of…