Question: Hypothetical: Dr . Dredd walks his patient through an informed consent session for a surgery to correct an ectopic pregrancy. His patient, Barbara Hershey, signs
Hypothetical: Dr Dredd walks his patient through an informed consent session for a surgery to correct an ectopic pregrancy. His patient, Barbara Hershey, signs a special consent form fulfilling all of the requirements described on page of your textbook. During the surgery Dr Dredd discovers that she actually has a critically inflamed appendix that will burst without immediate medical intervention. Dr Dredd removes the appendix and brings Mrs Hershey out of anaesthesia, at which point she becomes irate that a different surgery has been performed than was described.
Does Hershey have a basis to sue?
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.
No Her informed consent session would have covered contemplated procedures, so the appendectomy was proper.
Yes. Dr Dredd has behaved unethically by failing to inform Hershey of the possibility that her symptoms might actually have been caused by appendicitis, so his informed consent session is invalid.
Yes. Dr Dredd has exceeded the scope of consent, so he has committed a battery.
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