A surgeon did not warn a patient that the operation could result in an illness because the illness was very rare and highly unlikely.Although he performed the operation with skill and care,the patient contracted the illness several weeks later.She is suing him for negligence.Most leading Australian specialists in the same field have said they would not have warned the patient.Which statement best expresses the most likely court ruling?

Question

Quizplus · Accepted Answer

The fact that most leading Australian specialists in the same field would not have warned the patient does not necessarily absolve the surgeon from liability. The standard of care that professionals must satisfy is determined by the court based on what is reasonable, not solely based on what is accepted by the medical profession. Therefore, if the court finds that a reasonable surgeon would have warned the patient of the potential risks, the surgeon may be liable for negligence.

A Surgeon Did Not Warn a Patient That the Operation