Selden

In this case there is no evidence the defendant plastic surgeon acted below the standard of care for plastic surgeons or that he acted in an intentional or outrageous manner. Accordingly we reverse a $400,000 judgment entered against him for failing to perform promised breast surgery on the plaintiff.

Factual and Procedural Background

I

Plaintiff’s Medical History

Plaintiff and respondent Rena Selden has a family and personal history of breast cancer. Her mother and grandmother both died of breast cancer, and a paternal aunt had breast cancer and underwent a mastectomy. In 1975 cancer was found in Selden’s left breast and she herself underwent a mastectomy. In 1980 reconstructive surgery was performed on Selden and a breast implant was inserted in her chest. In light of personal and family history, in 1988 an oncologist recommended that Selden undergo a preventive mastectomy of her right breast.

II

July 12, 1988, through July 25, 1988

A. July

On July 12, 1988, Selden contacted defendant and appellant Melvyn Dinner, M.D., a plastic surgeon. At the time Selden contacted Dinner, he was in Cleveland, Ohio, where he had established his plastic surgery practice and…