Crucial Exams

Multistate Bar Examination Practice Question

Dr. Smith performs a surgery on a patient who has consented to an appendectomy. During the procedure, Dr. Smith removes the patient’s gallbladder without obtaining additional consent. The patient sues Dr. Smith for battery. Which of the following is most likely true?

  • Dr. Smith is not liable because the additional procedure was performed for the patient’s benefit during surgery.

  • Dr. Smith is liable for battery because removing the gallbladder went beyond the patient’s consent.

  • Dr. Smith is liable if the patient explicitly objected to the removal of the gallbladder during the surgery.

  • Dr. Smith is not liable as unintentional changes during surgery are covered by implied consent.

Multistate Bar Examination
Torts
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