SHULMAN, Judge.
Appellant brought this suit in two counts against appellee-executor of deceased physician's estate. Count 1 of her complaint sets forth a claim for assault and battery, alleging that executor's surgeon, during the course of exploratory surgery, had performed a complete hysterectomy on appellant without her consent. Count 2 alleges a breach of the physician's duty to obtain informed consent. Appellee, relying on the pleadings, depositions and the consent...
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