Question: In May 2 0 0 6 , David Hanson, a 2 0 - year - old artist, was celebrating with Paris, his girlfriend. It was

In May 2006, David Hanson, a 20-year-old artist, was celebrating with Paris, his girlfriend. It was Paris birthday. Both of them decided to take a short drive. Both David and Paris had been drinking and smoking marijuana. The two left in Paris car with Paris driving. Paris collided with another vehicle. Her car rolled over. Paris was only minimally hurt, but Davids right hand the one he uses for his art work was crushed between Paris car and a tree. David was taken to the emergency room at Washington, DCs George Washington University Hospital, where his worried mother also immediately arrived. The ER doctor called a surgeon because of the injuries to Davids hand. David was still under the influence of alcohol and marijuana when he was asked to sign a preprinted consent form. He was told the surgeon would discuss his injuries with him when the surgeon, Dr. Mancini, arrived at the hospital. David remembers having signed the form with his left hand. He does not remember that anyone ever explained what sort of treatment Dr. Mancini was likely to provide. Dr Mancini arrived at the hospital after David signed the hospitals consent form. Dr. Mancinis written orders indicate that he asked the nurse to add the following language to the consent form that David had signed: possible amputation of fingers right hand. There is no evidence that David was told that the surgeon was contemplating amputation. David does remember saying to Dr. Mancini: I am an artist. You need to save my fingers. Dr Mancini operated on David within the hour. He amputated the fingers on Davids right hand. In the year since, David has tried to learn to write and do some simple drawings with his left hand. He is improving, but has not been able to return to serious art work and may never be able to do so. Davis is thinking about bringing a suit against Dr. Mancini and has retained you for purposes of an initial case consultation. It does not seem that Dr. Mancini was negligent (in execution of the operation). However, David is beginning to gather evidence that there might have been a few options in addition to amputation. The options were extraordinarily risky (high rates of morbidity and/or mortality), but David says he would have done anything to avoid the amputation. Evaluate the strengths and weaknesses of Davids potential claims against Dr. Mancini.

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