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MMLU / A patient entered the hospital to have a simple appendectomy. She signed a…

Problem

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question

A patient entered the hospital to have a simple appendectomy. She signed a simple consent form allowing an appendectomy to be performed, and giving the surgeon the right to respond to any life-threatening conditions that required immediate surgical intervention . During surgery, the surgeon performed a full hysterectomy because he felt that it would be a sound medical procedure under the circumstances, even though no emergency existed. The patient sued the surgeon. An expert testified that the surgeon committed no negligence in performing the operation. Does the patient have a valid theory of recovery against the surgeon?

choices

  1. No, she cannot recover where there is no negligence by the surgeon.
  2. Yes, she can claim a lack of informed consent as to the hysterectomy.
  3. No, her consent implied that the doctor could perform any other procedures that were necessary.
  4. Yes, she can recover on a theory of trespass beyond the bodily parameters.

subject

professional_law

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Source and history

task_id
641b91c3-f15d-5f03-a74d-f8524c7eaf27
task_key
all--test--641b91c3-f15d-5f03-a74d-f8524c7eaf27
task_revision_id
1
config / split
all / test

Official source

initial import