Mary Was Referred by Her Family Doctor to a Surgeon

Mary was referred by her family doctor to a surgeon to discuss the possibility of having her gallbladder removed laparoscopically.During the course of meeting with the surgeon she was told that there were certain risks associated with undergoing the procedure but that these risks were small.She elected to undergo the procedure.During the course of the procedure the doctor "nicked" an artery causing a significant internal bleed that required significant additional surgery to repair.Mary sued the doctor for battery.Her case in court will

A) succeed because there was actual physical contact.
B) fail because the doctor told Mary about the risks before the procedure and he therefore obtained her informed consent.
C) succeed because the doctor did the same thing to another patient two months earlier.
D) fail because there is no evidence of negligence.
E) succeed because Mary elected to have a jury trial.