The
Facts
Following a very substantial loss of weight, Sandra Perry asked
William Shaw, M.D., to surgically remove excess skin from her arms, back,
thighs and stomach. During one office visit, they discussed a breast enlargement
procedure in which muscle is moved from the back to the breasts, but Ms.
Perry told Dr. Shaw she did not want that procedure.
At the hospital, Ms. Perry was asked to sign a form that included
a consent to the breast lifting procedure. Ms. Perry twice refused to sign
the form and only changed her mind after she was medicated, taken to the
operating room, and reassured by Dr. Shaw that he would not perform breast
surgery.
Ms. Perry awoke to discover that, to her shock and dismay, Dr.
Shaw had substantially augmented her breasts from a 34B to a 40DD.
Ms. Perry sued.
California law limits medical negligence claims to $250,000.
Ms. Perry argued that the $250,000 limit should not apply since Dr. Shaw
intentionally harmed her.
You
Decide
Is
Ms. Perry limited to the $250,000 maximum for medical negligence?
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