Ms. Winter, an opera singer, consulted with Dr. Brown, an ear-nose-and-throat specialist about polyps in her throat. Dr. Brown recommended an operation, and, when questioned by Ms. Winter as to whether it could affect her voice, told her that he would not do the operation if there was such a risk. In fact, there was one chance in a thousand that she could lose her voice, but Dr. Brown did not tell her because he felt she would overreact, and the polyps, if left, might later lead to serious problems. Dr. Brown performed the operation without negligence. Ms. Winter lost her voice. Ms. Winter can sue Dr. Brown for battery.
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