Hypothetical: Dr$.$ Dredd performs an informed consent session regarding a planned stomach biopsy and surgical examination for his patient, Barbara Hershey. Following the session Hershey signs special consent forms fulfilling all the requirements described on p$.408$ of your textbook. During the exam Dr$.$ Dredd finds a large but not yet life threatening tumor. Rather than returning Hershey from anesthesia he removes the tumor immediately. Hershey later develops gangrene and loses the fingers on her left arm.

Will Hershey be able to sue Dr$.$ Dredd?

Yes. Procedures not described in the special consent form are a form of battery.

No$.$ A modern special consent form covers the possibility that emergencies will require additional or different surgeries when obtaining new consent would be dangerous, so Hershey has waived any suit.

Yes. The tumor was not in an emergency condition, so the special consent form will not cover this additional procedure.

No$.$ Dr$.$ Dredd had Hershey's best interest in mind when removing the tumor and the consequences that flowed from the removal were not foreseeable.