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Schmidt believes that it could have been removed without the hysterectomy, despite seeing actual photographs of the tumor. Our firm’s experts all agree that the tumor had engulfed the uterus, ovaries, and fallopian tubes, thus determining that a complete hysterectomy was absolutely necessary.
You have asked whether you will be found liable for battery as a result of the complete hysterectomy of Cynthia Dobbs...
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California courts have defined battery as the violation of another individual’s interest in freedom from intentional unlawful, harmful or offensive unconsented contacts with his or her person. The outcome of your case will thus depend upon whether Cynthia provided the requisite consent to perform this surgery, and whether such consent, if provided, was vitiated in any manner...
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