The routine practice of “ghost surgery” is well documented in medicine. Ghost surgery refers to any medical procedure in which the contracting physician was not the actual physician who performed the procedure. In many instances the patient is completely unaware simply because the patient is unconscious at the time. Ghost surgery is not, strictly speaking, limited to surgical procedures. The same phenomenon occurs in a variety of medical settings from radiology to routine lab work. In some instances, ghost surgery is a necessary component of the medical system, for example with the obvious need to train medical students to become the future surgeons of the world.

Please review and discuss ghosting and the Tunkl and Shorter cases; each addressed a different aspect of responsibility, consent  and liability. What do all these cases tell us about consent?  While doing this, please consider all views and write a position paper setting forth how you would propose to resolve a good balance between the rights of patients and the often necessary practical needs of the medical community to train new care givers.

Remember you need three sources!  

LINKS TO CASES:

https://casetext.com/case/shorter-v-drury

https://law.justia.com/cases/california/supreme-court/2d/60/92.html