Is it malpractice for a surgeon to preform a precedure that was never discussed or mentioned on the consent form that was not medically necessary?

State law varies, but in New Jersey you have a cause of action for battery, which would also provide you a right to pursue punitive damages. Any competent physician would know this, so an underlying question would be whether there was a surgical mishap that required the doctor to perform the gratis tummy tuck. Contact a local medical malpractice attorney. He may advise you that the case is not economically viable because of the limited damages.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case, which discusses the issue of economic viability. The possibility of punitive damages might make the case worth litigating. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com