Civil Code section 3333.2 which limits the recovery of noneconomic damages to $250,000 against health professionals in “professional negligence” cases does not apply to claims against such professionals for battery–at least when the battery is the performance of a surgery or other medical procedure to which the patient did not give his consent.  Here, the patient consented to removal of a small bit of a growth on his scrotum for a biopsy.  The surgeon instead removed the entire benign tumor from his scrotum and penis, causing substantial damage in the process.  No emergency necessitated the larger surgery.  It could have awaited a biopsy.  The jury verdict of $9.5 million in noneconomic damages was not excessive given the consequent loss of sexual function.