Jul 17, 2008 6:12 am US/Eastern
N.J. Doctor Sued For Giving Patient Temp Tattoo
MARLTON, N.J. (CBS 3) ―
A patient is suing her South Jersey surgeon claiming he placed a temporary tattoo on her while she was under anesthesia.
In the lawsuit, Elizabeth Mateo said she found a temporary tattoo of a red rose on her pelvic area one day after she was placed under anesthesia for back surgery at a Burlington County hospital.
According to a lawsuit, the tattoo was placed on her body "without her knowledge."
"She and her husband were getting her dressed to come home and when she took off her gown, that's when she recognized that she had this tattoo below her panty-line," Mateo's attorney Gregg Shivers said.
During the operation for a herniated disc, Mateo was on her stomach, so Mateo and her lawyer claim the tattoo was placed on her by her doctor, Steven Kirshner, at some point afterwards when she would have had nothing on but a hospital gown.
Shivers claims Kirshner violated Mateo's right to privacy.
"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 medicated for pain the night before," Shivers said.
Kirshner's attorney said his client has used the tattoos before as a way to lift the patient's spirits after surgery.
"Clearly, he would not have acted in front of the entire operating room staff," Robert Agre said.
Mateo is seeking monetary damages for what she calls "emotional anguish" and "assaultive behavior."
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