Manno had injured his knee and required laparoscopic knee surgery. During his appointment with the surgeon, Dr. Cutter, Manno was advised of the risks associated with the surgery including death and limited mobility in his knee. Dr. Cutter did not discuss scarring if traditional surgery was required. Manno signed the consent form. In the operating room, Dr. Cutter concluded that laparoscopic surgery would not repair Manno's knee and he had to make three large incisions in a traditional method. Manno's knee was repaired but he had three large, unattractive scars. Manno was a male model. Can Manno successfully sue Dr. Cutter?
A) No, Dr. Cutter did not have a duty to Manno with regards to his career.
B) No, Dr. Cutter met the standard of care for a surgeon.
C) No, the purpose of the surgery was to repair the knee and it did so successfully.
D) No, damages did not result.
E) Yes, Dr. Cutter failed to obtain informed consent.
Correct Answer:
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