N.J. woman sues surgeon over temporary tattoo

[LynneSin]

Give me a fucking break. It was a temporary tattoo - what, you spent a whole 30 minutes washing it off. You have got to be fucking kidding me!!

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080716/NEWS/80716026&GID=qqFAg04FugvJ9t3d9ELenf/GE6W+0dCdx5oTa+lFnzU%3D

N.J. woman sues surgeon over temporary tattoo
Associated Press • July 16, 2008

A Camden County woman is suing her orthopedic surgeon for putting a temporary tattoo on her stomach while he operated on her in April.

Elizabeth Mateo discovered the rose below her panty line the next morning.


Lawyer Gregg Shivers says she was extremely emotionally upset, especially because her surgery was on her back.

Dr. Steven Kirshner's lawyer, Robert Agre, tells The Philadelphia Inquirer his client does not deny leaving the mark. The lawyer says the doctor does it on patients to improve their spirits.

Mateo is seeking punitive and compensatory damages.

[Goblinmonger]

1. It's kind of creepy, I'll give her that

but I doubt this makes it anywhere near a trial. Anybody can sue anyone for any stupid ass thing. The court system usually takes care of the really dumb shit.

[petronius]

3. I don't know - if the tattoo was in front and he was doing surgery on her back,

he would have had to turn her over to place the mark. Then, he deliberately chose to place it below the panty-line, which strikes me as a sexually-charged position. I think this doctor may have crossed a line more serious than mere stupidity...

[KitchenWitch]

2. That is creepy but in my uneducated opinion, not actionable.

Good grief.

[Bake]

37. Frankly it probably IS both creepy AND actionable

I assume she did not give her consent to this. It thus constitutes an unwanted touching, which means battery.

Her damages would be nominal, unless it caused her great emotional harm or anxiety and she can back that up with trips to a therapist.

I'd also be concerned, were I the surgeon, about a complaint to the medical licensure board.

Bake, Esq.

[Shakespeare]

38. Having spent several years working in healthcare law--most defnitely, it's actionable.

That doctor has some really, REALLY serious boundary/propreity issues.

[Shell Beau]

4. I have to say that is freaking creepy though.

Everyone is sue happy these days. I wouldn't sue, but I'd be seriously creeped out.

[Ikonoklast]

5. She was assaulted

When having surgery, you sign a release that gives the attending physician a specific right to touch your person.

He violated the specificity of that release.

What if a dentist had done the very same thing, when the patient was under anesthesia?

No different. But people would scream for his head.

[BlueIris]

42. Self-delete.

[hedgehog]

6. I'd have brought it up to the attention of the hospital, myself.

Is it a joke or is it icky? Given that most people don't know their surgeons very well, I'd lean toward icky.

[madinmaryland]

7. Based on the information given, it sounds like he committed a crime.

It's one thing to do it on the back of the hand, but in a private area?

:wtf:

[La Lioness Priyanka]

13. thats exactly what i thought. if you want to cheer me up put it somewhere

less private

[Fran Kubelik]

20. 100% agree

:wtf:

[Spacemom]

8. I don't know if she can sue

but it seems really inappropriate.

Elizabeth Mateo discovered the rose below her panty line the next morning.

What the hell was he doing "below her panty line?!"

[Blue Diadem]

9. Below her panty line? He was supposed to be working on her back not her front

Someplace else might have been fine..but not in a private area. My gosh, how did he think that would lift her spirits? He violated her trust and I bet made her question what else might have happened.

[La Lioness Priyanka]

10. if someone placed anything below my panty line without my consent

i would take them to court too

[Gormy Cuss]

28. Me too. I'd consider it a courtesy to sue him

since my initial instinct would have been to leave a size 9 mark below his panty line.

[kay1864]

11. Found his pic...kinda dweeby looking

But he's apparently quite skilled and innovative:

Dr. Kirshner has had the privilege of being the Chief of Spinal Surgery for the Virtua Health System since 2003. He was the first spinal surgeon in New Jersey to implant the Charite total disc replacement system after it was approved by the FDA. To date he has done more motion-sparing surgery than any other spine surgeon in the state. Dr. Kirshner was also the first spinal surgeon to implant the Dynesys System, which is a flexible rod system. This motion-sparing device was approved by the FDA in 2004. Dr. Kirshner has organized a group of spinal surgeons throughout Southern New Jersey and Southeastern Pennsylvania into a group known as The South Jersey Spine Counsel. Meetings are held twice each year and the surgeons discuss the latest innovations in spine surgery. When he is not involved with the above mentioned activities, Dr. Kirshner runs a very active practice with Reconstructive Orthopedics. He is very well-known and highly regarded throughout the community. Dr. Kirshner was asked to speak in Brazil in March of 2007.

Dr. Kirshner remains a physician trainer for three different medical companies dealing with spinal equipment. He trains physicians for a company called Spine Vision with the use of PediGuard, a tool used to assist physicians in safely finding the pedicle while locating and placing the pedicle screw properly during spinal surgery. Dr. Kirshner also trains physicians in the use of the Endius System, a system used to perform minimally invasive spinal surgery including fusions. Last, but certainly not least, Dr. Kirshner trains physicians for Zimmer Spine in the use of the Dynesys flexible rod system.

http://www.njreconortho.com/surgeon/kirshner.php

[Zuiderelle]

12. I have to disagree with you on this. It's horribly inappropriate and very creepy.

I would sue too, to get him fired at least.

[Shakespeare]

14. Second that.

Deeply creepy. :scared:

[Fran Kubelik]

22. thirded here

:( That would freak me out intensely.

[Fleshdancer]

15. it was below her panty line?

I don't know if I would sue, but I definitely would have felt violated. That's pretty creepy.

[fishwax]

16. creepy

:wtf:

[libodem]

17. Well for one thing

you don't get to wear panties in surgery. It's not as if he pulled them down. But it is creepy to think when a person is that exposed and vulnerable some one would draw on their stomach. He wouldn't have been alone with her. There must have been a whole surgical team in attendance. I'm trying to put myself in his shoes and imagine what he was thinking. Sounds like he does it all the time as a friendly gesture of acknowledgment. She sounds like someone with little sense of humor and who takes herself very seriously. It's not like they don't have to turn you over before and after surgery either. I'm sure they didn't expose her just for a look. One thing I'll bet he never does it again. When surgeons see one naked body after another they might become immune from realizing just how personal it is to the owner. She might be a little over-reactive or just want to sue for some extra cash. Those spine surgeries are about 100,000 dollars per inch. Maybe it will pay for hers.

[kay1864]

21. I understand what you're saying but...

his point of view, while perhaps understandable, is not really relevant here. It's the effect on her that counts, not his intentions (good or otherwise). It doesn't matter that the team was there, or that he sees naked bodies all the time.

Bottom lins is that if a jury decides her reaction was reasonable, the circumstances surrounding his doing so don't negate that. She's not alleging malice.

[Zuiderelle]

25. Frankly, it seems at a level so creepy as to be some sort of calling card...

like a serial killer leaves. A "gesture of accomplishment" you think? More like a gesture of egomania.

I think the guy needs to be reprimanded and fined VERY strongly at the very least, and threatened with revoking his license if it ever happens again. He needs to learn some boundaries.

[Richardo]

36. I agree - wrong on many levels

Besides the violation (which is of course bad enough in and of itself), just the idea that your surgeon is goofing around while you are 1) wigged out about having surgery and 2) completely helpless and wholly within his care, is enough to warrant pretty severe disciplinary action.

I can see the lawsuit - people have sued over a lot less mental injury than that.

[pokerfan]

35. Yeah, some people are so uptight

She sounds like someone with little sense of humor and who takes herself very seriously.

I believe you forgot this: :sarcasm:

[Bake]

39. You're rather judgmental of someone you don't even know.

She has little sense of humor ... takes herself too seriously????

Really. You have no right whatsoever to say that about this woman. Put yourself in her position. She was already scared shitless, no doubt, over major surgery. Having this little creepy surprise thrown in was maybe the last straw.

Bake

[dropkickpa]

18. I have MANY tattoos

but I have a real problem with this. It is a serious violation of trust. When you're anesthetized, you are completely and utterly helpless and you are trusting that you will be treated with a bit of dignity and respect. This shit ain't it, because there are MANY other areas of the body he could have left it without being nearly as creepy-invasive. her hand, arm, leg, etc.

[Fox Mulder]

19. I disagree with you there.

She had surgery on her back and the tattoo was on her front below her panty line. That is highly inappropriate and if I was in her spot, I'd also sue the creepy surgeon scumbag.

[BeachBaby]

23. Holy shit! I think I know her!

I'm gonna look into this. (btw, I grew up in Camden County and lived in that county all my life until last summer) :wow:

[montanto]

24. When I went in for surgery, while I was unconscious

the surgeon put a tattoo on my wife's breast!! She said she didn't mind though, but I thought it was odd.

And it didn't wash off.

And it said "Greg."

And my name isn't Greg.

I wonder where she is?

I hope my kidney went to a good home.

Jeez that makes me think I should look in the mirror and see if there is anything tattooed on my ass.

[NewEnglandGirl]

26. I think he crossed the line

She couldn't have been wearing panties so he had to be looking at her in places he didn't have to be looking. Also, I would wonder if he had done anything else but that. I mean, did he touch her or put anything anywhere? That would really bother me. And was he alone with her? Weren't there any other medical staff there? Why didn't they think it was weird, or did they?

[WinkyDink]

27. This is WAY OVER the LINE, people! I don't CARE if it was "temporary" or "harmless"!

Who gave him PERMISSION??

[CreekDog]

29. She shouldn't sue

She should press charges. :rant:

[BlueIris]

44. I really hope the state medical board gets involved.

This "doctor" could very well have mental health issues.

[barb162]

30. I wouldn't want a tattoo without my permission.

And I bet that doc wouldn't want one either.

[FloridaJudy]

31. Ewww....Surgeons

Most arrogant collection of jerks on the planet* - next to Republicans, and an astonishingly high percentage of surgeons are Republicans. I've met a few who were sort of normal, but most of them dazzlingly backward emotionally. I'm not sure if the occupation attracts that sort of personality, or the training makes them think they have god-like powers.

Let's just say I'm not at all surprised. At least this creep used a temporary tattoo. I've heard of surgeons who permanently carved their initials on patients.



*Old Nurses' Joke: How many surgeons does it take to change a lightbulb? Just one: they stand on top of the ladder holding the bulb and the world revolves around them.

[Xithras]

32. Just a point to those concerned about the "panty line" thing.

She was in surgery, so in all probability she wasn't WEARING undergarments of any sort. Depending on the type of surgery being done, she was either wearing one of those flimsy little hospital robes, or she was wearing nothing at all. Since the guy is apparently a back surgeon, the second possibility is very likely.

The "under the panty line" comment conjures up imagery of some creep sneaking under her clothing to cop a feel. He may have simply stuck the tattoo onto the belly of his already-nude patient.

Also, remember that many women still wear granny panties, so the "panty line" in question could be anywhere from her belly button to her navel.

I just have a hard time believing that this guy assaulted her in a room full of nurses and anesthesiologists.

[Richardo]

33. I'm sorry, but 'from her belly button to her navel' is making me laugh.

:D

[Zuiderelle]

34. from her kneecap to her patella

from her shoulder-blade to her scapula
from her collarbone to her clavicle

What's the problem?

[Xithras]

40. LOL! That should have been "her belly button to her mons"

I dunno why I typed navel :shrug:

[Gormy Cuss]

41. It's a thin line.

:D

[BlueIris]

43. What a disgusting, creepy, misogynist fuckwad her surgeon is.

Punitive damages? That asshole shouldn't be practicing. I hope he has his license yanked over this.