Suit: Doctor Gave Anesthetized Woman a Tattoo

A New Jersey woman is suing an orthopedic surgeon for battery and invasion of privacy for allegedly putting a temporary tattoo on an area below her panty line while she was anesthetized after undergoing back surgery.

The tattoo of a red rose served no legitimate medical purpose and was done without her consent or knowledge, Elizabeth Mateo says.

The complaint, filed in the Camden County Superior Court, says Dr. Steven Kirshner performed surgery to repair Mateo's herniated disc at Virtua Memorial Hospital April 18.

After the procedure was completed and while she was still unconscious, Kirshner "intentionally, unlawfully and unethically" applied the tattoo on her belly below the panty line, according to the complaint.

Mateo says Kirshner was "unchaperoned" at the time.

The hospital immediately investigated but found no witnesses to the incident, attorney Gregg A. Shivers, who represents Mateo, said in a press release.

The suit does not name the hospital as a defendant.

Shivers said a related complaint has been filed with the New Jersey Board of Medical Examiners.

Mateo is seeking compensatory and punitive damages for the mental and emotional anguish caused by Kirshner's "voyeuristic and assaultive behavior."

Kirshner has admitted to applying the tattoo. His lawyer, Robert Agre, reportedly said the doctor routinely uses tattoos to lift his patients' spirits.

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