I have had a number of surgeries in my lifetime, 14 to be exact. I can honestly say not once have I ever woke up and found a tattoo on my body after either surgery.
According to Elizabeth Mateo of Camden County, NJ, she can’t be as fortunate. She went into a Burlington County, New Jersey hospital for back surgery to repair a herniated disc and the day after the surgery while dressing to go home she noticed a temporary tattoo on her body just below her panty line in her pelvic area.
Mateo claims she has no idea how it got there. “Both her and her husband pretty much freaked out and they had no idea how it got there. She had been alone in the hospital, heavily sedated for pain the night before, said Mateo’s attorney, Gregg Shivers.
Mateo has filed a lawsuit in Camden County Superior Court against the doctor, Steven Kirshner, a board certified orthopedic surgeon, claiming he has violated her right to privacy. She is seeking punitive and compensatory damages.
During the operation she was placed on her stomach so Mateo and her attorney claim that the tattoo was placed by the doctor sometimes after that which would mean it was while she was wearing nothing but her hospital gown.
The doctor doesn’t deny putting the tattoo on Mateo. He says he has used the tattoos before on other patients and a way to lift the spirits of a patient recuperating after a surgery. “Clearly he would not have acted in front of the entire operating room staff,” said his attorney Robert Agre. “What’s offensive about this complaint is that it suggests something he did to be prurient and nothing could be further from the truth,” Agre went on to say. “It was intended just to make the patient feel better.”
“He vigorously denies that any action of his was intended to offend the patient,” Agre said, noting that the marks the surgeon has left on his patients “are like children’s tattoos. Kids put them on themselves and they wash right off.”
Jan Barrett
Loading ...
4 users commented in " Doctor Gives Patient Temporary Tattoo and Gets Sued "
Follow-up comment rss or Leave a TrackbackThis is an example of people using attorneys to try to make a fast buck. Good for the Doc. He has a sense of humor and cares about his patients. How many of his patients got some enjoyment from his little bonus? I suspect all but Metao.
Dr. Kirshner performed both of my back surgeries. He has an extraordinary bedside manor. He practices medicine with extreme kindness and unparalleled professionalism. His uncompromised dedication in perfecting his surgical skills benefits not only his patients but his students and colleagues. Shame on you, Elizabeth Mateo! A temporary tatoo??? Have you taken a look at your permanent incision where the good Doc exised the offending disc and closed it ever so neatly and perfectly??? Instead of being filled with litigious greed and ill humor, you should be exceeding grateful for being able to walk today without debilitating pain.
I am a Clinical Nurse in the perioperative setting. I feel that what the surgeon has done to this patient, temorary or not, is a gross breach of trust and shows extremely questionable judgement. The surgeon’s role is to perform the surgery for which the patient has consented. In some instances, a surgeon may need to perform further unplanned surgery as a result of the initial procedure. However, these risks must be explained to the patient prior to surgery to gain informed and valid consent. Any other action taken by the surgeon or other staff is a breach of their duty of care and may be considered assault. The clinical team must at all times act as patient advocate, treat all individuals with the respect they deserve and not treat unconsious persons as playthings or blank canvasses!
It is wrong but deserves nothing more than an apology - not a frivilous lawsuit!!
Leave A Reply