Christman v. Davis
Vermont Supreme Court
889 A.2d 746 (2005)
Paul Christman consulted Gordon Davis, a periodontist, about his tooth and gum problems. Davis discussed a tissue graft procedure with Christman, and Christman consented to that procedure. During the procedure, Davis decided to instead perform a flap procedure only. The flap procedure was less invasive, and would have been required as an initial part of the tissue graft procedure. The flap procedure was unsuccessful, and Christman was later informed he would need to undergo the tissue graft procedure. Christman (plaintiff) sued Davis (defendant) for battery, arguing that Davis performed a procedure on Christman to which he did not consent. The lower court granted summary judgment in favor of Davis, and Christman appealed.
Rule of Law
Holding and Reasoning (Dooley, J.)
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