A patient visited a physician because of a painful foot.

A patient visited a physician because of a painful foot. The physician told the patient that he could choose several weeks of physical therapy or undergo elective surgery to correct the problem. The physician did not tell the patient that there was a risk of nerve damage if he underwent the surgery. The patient chose the surgery and the physician performed the surgery successfully. However, the patient was upset when he learned afterward about the risk of nerve damage, because, had he known of the risks of the surgery,he would have chosen the therapy instead. The jurisdiction applies a national standard to determine a physician’s duty of care.

In an action against the physician for failing to inform the patient of the risks of the surgery, is the patient likely to prevail?

A. Yes, because he would have refused the operation had he known of the risks.

B. Yes, because the jurisdiction uses a higher national standard to determine a physician’s duty of care.

C. No, unless the jury concludes that a reasonable person would have withheld consent to the operation if informed of the risks.

D. No, because the surgery was successful.

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