Perna v. Pirozzi

In Perna v. Pirozzi, 92 N.J. 446, 463, 457 A.2d 431 (1983), the Court discussed a patient's claim against a doctor who did not operate as promised but, instead, had another doctor perform the surgery. In reaching its holding that any non-consensual touching is battery, the Court in Perna pointed out the importance of the decision making process that a patient goes through when deciding to undergo surgery. The court observed: Even more private than the decision who may touch one's body is the decision who may cut it open and invade it with hands and instruments. Few decisions bespeak greater trust and confidence than the decision of a patient to proceed with surgery. Id. at 461-64, 457 A.2d 431.