Messina v. Matarasso,

Messina v. Matarasso
No. 4030 (N.Y. App. Div. July 12, 2001)

A woman who underwent cosmetic facial surgery brought this suit against her
surgeon when, without her consent, the surgeon told her that he also performed
"closed capsulotomies" on both of her breasts. The New York Supreme
Court, Appellate Division, First Department, heard this case on the issue of
whether the woman’s action, which sought damages for the physician’s negligent
performance of the breast surgery without her consent, was subject to a one-year
statute of limitations based on a "battery" or a two and one half
year statute of limitations based on "medical malpractice." The court
held the surgeon’s action was intentional because "he performed a procedure
on her with no consent at all" and thus the action sounded in battery.
The court applied the one-year statute of limitations and dismissed the suit.