Alice Walters is a patient of Dr. John Good, a heart surgeon. Dr. Good had just begun to tell Alice that her treatment wasn't working and that she would need to have surgery to correct a defect in her heart, but then he was called away on an emergency and forgot to return to his conversation with Alice and explain all of the risks of the surgery to her. In fact, Dr. Good had diagnosed Alice's condition three years ago after returning to work from his office Christmas party. He had had a number of alcoholic beverages, and this caused him to misinterpret a lump on her lung for a lump on her heart. After diagnosing Alice, Dr. Good had told Alice that the problem was with her heart and then prescribed treatment for it. Relying on what Dr. Good had told her, Alice had accepted the treatment, which was very painful. In this situation, it can be said that
a. Dr. Good made a negligent misrepresentation about the nature of Alice's problem and the treatment for it.
b. Dr. Good was negligent in his diagnosis.
c. Dr. Good failed to obtain from Alice an informed consent.
d. Dr. Good committed a breach of contract in misdiagnosing Alice's condition.
e. all of the above
Quick Reply
