Question: Andreini suffered from a nerve problem that was causing him to lose the use of his hands. Dr. Beck operated on Andreinis hands, but the

Andreini suffered from a nerve problem that was causing him to lose the use of his hands.

Dr. Beck operated on Andreini’s hands, but the problem grew worse. A nurse told Andreini that Beck might have committed a serious error in the operation, causing Andreini’s neuropathy to grow worse. Andreini returned to Beck for a second operation, which Beck assured him was certain to correct the problem. But after Andreini had been placed in a surgical gown, shaved, and prepared for surgery, Dr. Beck insisted that he sign a release relieving Beck of any liability for the first operation. Andreini did not want to sign it, but Beck refused to operate until he did. Later, Andreini sued Beck for malpractice. A trial court dismissed Andreini’s suit based on the release. You are on the appeals court. Will you affirm the dismissal or reverse?

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