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 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.
Dr. Smith is liable for battery because removing the gallbladder went beyond the patient’s consent.
Dr. Smith is not liable because the additional procedure was performed for the patient’s benefit during surgery.
Consent to a medical procedure authorizes only the specific actions agreed upon. Removing the gallbladder without the patient’s consent went beyond the scope of the consent, making Dr. Smith liable for battery. The other options incorrectly argue against liability or present conditions that do not apply to the scenario.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.